In the realm of legal procedures, the 'Absentia County form' stands out as a pivotal document for defendants desiring to enter a plea without being physically present in the courtroom. Originating from the Superior Court of California, County of Sonoma, it primarily addresses pleas related to violations of specific Vehicle Code sections, notably those concerning alcohol impairment. This form acts as a bridge for defendants to waive their physical presence by empowering their attorneys to represent them fully during the plea and sentencing process. It includes various waivers, such as the right to personally enter a plea, be present during sentencing, and address the court, to name a few. Furthermore, it lays down the conditions that could be part of the probation, emphasizing the seriousness of compliance with the law post-sentencing. The process also requires the attorney's participation by certifying that the defendant has been fully briefed and consents to the waivers and plea entered. The court then, after ensuring the plea and waivers were made voluntarily and with a full understanding of their implications, records the plea. The completion and acceptance of this form signify a critical juncture in a defendant’s case, enabling the legal process to advance even in the defendant's absence.
| Question | Answer |
|---|---|
| Form Name | Absentia County Form |
| Form Length | 1 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 15 sec |
| Other names | california absentia 23152, california absentia 23152 form, california plea sonoma county latest, superior plea 23103 |
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA SUPERIOR
PLEA IN ABSENTIA
(VEHICLE CODE SECTIONS 23153, 23152, 23103.5)
This form must be attached TO the waiver form
Defendant _________________________________Case# ____________________________
DEFENDANT'S CERTIFICATION
I certify that I have read the front OF the attached waiver OF constitutional rights entirely, that I understand it; that my attorney has orally explained it to me, that I have personally and voluntarily placed the answers in the
boxes and I enter a plea of |
to the charge of violation of the |
Vehicle Code section(s) |
|
I authorize and direct my attorney |
' |
to enter to the Court in my absence my plea and admit any prior convictions and/or refusal allegation as indicated on the attached waiver form(s). My attorney is further authorized and directed to waive time for sentencing, and to receive the sentence in my absence. I specifically waive my right to personally enter my plea, I waive my right to be personally present when sentence is imposed, I waive my right to delay sentencing not less than six hours nor more than five days after entry of plea, and I waive my right to personally address the Court in mitigation of any sentence which may be imposed. I waive my right to be sentenced by a judge. I understand that if the Court grants probation, it shall be for not less than 3 years and nor more than 5 years, and the terms and conditions of probation may include, but not be limited to, fine, jail time, restitution, and the conditions that I not drive without a valid California drivers' license, not drive with any measurable amount of alcohol in my system, not refuse to take a chemical test or tests of blood, breath, or urine when requested to do so by a peace officer, and obey all laws. I authorize my attorney t.o accept the conditions on my behalf.
Dated ____ｾＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭ
Defendant's Signature
ATTORNEY'S CERTIFICATION
I certify that I am the attorney of record for the defendant; that I have fully discussed the matters on the attached waiver of constitutional rights with the defendant and advised the defendant thereon; that the representations above are the defendant's own, that I believe that the plea and waivers were intelligently, voluntarily and expressly made; that I join in the plea and waivers, and that the above signature and the signature on the waiver form, if not notarized, were made in my presence. I stipulate there is a factual basis
for the plea, and that time is waived for judgment and sentencing.
Dated ____________________________
Attorney's Signature
FINDINGS AND ORDER
This document having been completed and presented to the Court: the Court being satisfied that the plea and waiver were expressly, intelligently and voluntarily made; and the Court finding that there is a factual basis for said plea and enters it on the record.
____________________________________________________ Dated ______________________
Judicial Officer of the Superior Court of California, County of Sonoma
10/2013 |
PLEA IN ABSENTIA |