Form Dc 213 PDF Details

In the State of Michigan, individuals charged with misdemeanor offenses encounter a pivotal document known as the DC 213 form, a crucial aspect of the judicial process. This form serves as a comprehensive advisory, outlining the defendant's rights and critical information regarding pleas. At its core, the DC 213 form ensures that defendants are fully apprised of their rights to fair trial procedures, including the possibility of a jury trial, the right to legal representation, and the nuances surrounding pleas of guilty, not guilty, or no contest. Moreover, the form highlights the potential for court-appointed attorneys under circumstances of financial hardship, emphasizing the justice system's commitment to equitable treatment. Additionally, it meticulously describes the defendant's trial rights, such as summoning witnesses in their defense and the presumption of innocence until proven guilty. Crucially, the form addresses the ramifications of pleading guilty or no contest, including surrendering trial rights and the impact on parole or probation status. Financial obligations, potential sentencing, and appeal rights constitute other vital components detailed within the document. Finally, it informs defendants about restrictions on firearm possession post-conviction, underscoring the wide-reaching consequences of misdemeanor charges. The DC 213 form embodies a critical tool in the Michigan judicial system, designed to ensure defendants' informed participation in their legal proceedings and upholding the principle of justice for all.

QuestionAnswer
Form NameForm Dc 213
Form Length1 pages
Fillable?No
Fillable fields0
Avg. time to fill out15 sec
Other namescohabitating, pursuant, disabilities, indigent

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Original - Court

Approved, SCAO

Copy - Defendant

STATE OF MICHIGAN JUDICIAL DISTRICT

ADVICEOFRIGHTS

ANDPLEA INFORMATION

CASE NO.

Court address

Court telephone no.

1.If you require special accommodations to use the court because of disabilities or if you require a foreign language interpreter to help you fully participate in court proceedings, please contact the court immediately to make arrangements.

2.You have been brought to court on a misdemeanor charge. You have the following basic rights:

a.To plead guilty or not guilty or to stand mute. If you stand mute, a plea of not guilty will be entered. You may plead no contest with the permission of the court.

b.To have a trial by jury.

c.To have the assistance of an attorney.

3.You have the right to an attorney appointed at public expense if you are indigent (without money to hire an attorney) and if

a.the offense charged requires a minimum jail sentence, or

b.the court determines that it might sentence you to jail.

4.You may have to repay the expense of a court-appointed attorney.

5.If you have a trial, you have the following rights:

a.To call witnesses to speak for you at trial. You may get an order signed by the court to require witnesses to come to court.

b.To see, hear, and question all witnesses against you at trial.

c.To be a witness for yourself or to remain silent. If you choose not to be a witness on your own behalf, the prosecuting official may not comment on your refusal to testify.

d.To be presumed innocent until proven guilty beyond a reasonable doubt.

6.If you plead guilty or no contest and your plea is accepted, you will not have a trial of any kind and will give up the rights listed in items 3 and 5 above.

7.You have the right to be released on bond.

8.If you are now on probation or parole and you enter a plea of guilty (or no contest) or a finding of guilt is made by judge or jury, it may result in a violation of your probation or parole.

9.You can be sentenced up to 93 days in jail or fined up to $500 plus costs, or both unless otherwise advised by the court. (The court will advise you if there is a minimum jail sentence.)

10.Fines, costs, and other financial obligations imposed by the court must be paid at the time of assessment pursuant to MCR1.110.

11.An appeal to circuit court may be taken within 21 days from date of sentence or as permitted pursuant to MCR 6.625(B). If the sentenceincludesincarcerationandifyouwishtofileanappealbutarefinanciallyunabletoretainalawyer,thecourtwillappoint a lawyer to represent you on appeal, if the request for a lawyer is made within 14 days after sentencing.

12.Federal law and/or state law may prohibit you from possessing or purchasing ammunition or a firearm (including a rifle, pistol, orrevolver)ifyouareconvictedofamisdemeanorcrimeofviolenceandyouareacurrentorformerspouse,parent,orguardian of the victim; you share a child in common with the victim; you are or were cohabitating with the victim as a spouse, parent, or guardian; or you are or were involved with the victim in another, similar relationship.

Date

USE NOTES: If defendant is given a foreign-language version of this form to read, the English version and the foreign-language version must be filed in the case.

The consequences for arrests before 10/1/03 are different than for arrests on or after 10/1/03. If defendant is arraigned on a crime for which he or she was arrested before 10/1/03, contact the State Court Administrative Office for the appropriate version of this form.

Defendant signature

Defendant name (print)

Address

City, state, zip

Telephone no.

DC 213 (3/12) ADVICE OF RIGHTS AND PLEA INFORMATION

MCL 750.504, MCL 770.3, MCR 1.110, MCR 6.610, 18 USC 922(g)(9)

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