IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
`
`,
`
`22+
`
`IN AND FOR THE COUNTY OF MARICOF’A
`
`Case No. OILQOIA "I
`
`fired .
`
`I | I
`
`STATE OF ARIZONA.
`
`__._
`.
`
`..
`
`.
`
`.
`
`.
`
`_-'--‘s
`
`'
`
`.
`
`.
`
`I”;
`.
`'
`I
`vs.
`.
`«a
`WAIVER OF PRELIMINARY HEARING AND
`I
`3%
`’3
`CONSENT TO PARTICIPATE IN DEFERRED
`I
`Q— }j 65" @049“) fi
`53 D?
`PROSECUTION PROGRAM
`‘
`I
`‘
`Defendant
`,
`.
`:7.
`'
`I
`1
`.
`.
`..
`Instructions: You are entitled to a preliminary heanng on the charge(s) againstyou unless charged by grandJIuIry Indictment. Tfiourfis
`L
`of this form is to notify you ofyour rights and of the ways in which the hearing could benefit you. and to allow you to give up yourn'g
`. '3;
`you cheese. Read the entire for before signing if.
`-
`II- a
`Z
`.
`=1
`S
`RIGHT TO A PRELIMINARY HEARING
`2—?
`(Bl-"3
`-
`:-
`mm
`
`Ct. 1: Possession of Mari‘uana a Class 6 Felon ' Ct. 2: Possessfii of Dru
`“I?
`I understand that I am charged with the crime(s) of:
`‘
`committed on
`II 7‘5
`Para hernaiia a class Bfelon
`which is a felony under the law of Arizona and that if I am found guilty I can be given severe punishment. including imprisonment in the
`Arizona State Prison. in the Maricopa County Jail. by fine or other penalty.
`I understand that under the Arizona constitution l have a right to a Preliminary Hearing at which a magistrate, without making any
`determination ofmy guilt or innocence. will decide whether there is sufficient evidence against me to establish probable cause to try me on
`these charges.
`I understand that I have a right to a lawyer at the Preliminary Hearing. and that if I am unable to obtain the services of a
`lawyer without indurring substantial hardship to myself or to my family. one will be furnished for me free of charge.
`I understand that the prosecutor would be required to present witnesses and evidence against me at such a hearing to
`demonstrate that there is probable cause to try me on the charges and that l would have the right to cross-examine such witnesses and to
`present evidence of my own innocence.
`I understand that if the prosecutor failed to show probable cause to try me. the charges against me
`would be dismissed.
`‘
`I understand that giving up my right to a preliminary hearing gives the state the right to try me forthe offenses charged without any
`determination of probable cause by a magistrate.
`
`CONSENT TO PARTICIPATE IN DEFERRED PROSECUTION PROGRAM
`
`I agree to participate in the deferred prosecution program. and I give my consent to the Maricopa County Attorney's Office to apply
`to the Court for suspension of prosecution of the matter.
`I understand that my participation in the program is contingent upon my
`acceptance.
`If accepted, I will adhere to the regulations of the program and the directives of my case manager. By agreeing to participate
`in the deferred prosecution program. I acknowledge that:
`~
`
`1.
`
`I must report to TASC at the location and on the date assigned. Prior to signing this Consent. I have received my assigned location
`and date to report in writing from the TASC representative.
`_
`2. This consent will, by necessity, cause a delay in the prosecution of this case. and I waive my right to a speedy trial as guaranteed
`by the Constitution and Rule 8 of the Arizona Rules of Criminal Procedure. Prosecution will be suspended for up to two years.
`3. The Court is releasing me in this case on my OWn recognizance-my promise to appear at all future court dates.
`If the prosecutor
`seeks to resume prosecution against me. I will be notified of my next court date by mail. The Court is ordering that l notify TASC
`of my current address and that I promptly notify TASC of any changes to my address at all times during the next two years. unless
`earlier than that date the Court dismisses the charges against me In this case. The Court will issue a warrant for my arrest if I fail
`to appear at future court dates.
`
`CERTIFICATION AND WAIVER
`
`After reading and understanding all of the above. I hereby give up my right to a Preliminary Hearing in this case and consent to participation
`in the deferred prosecution program.
`'
`DO NOT SIGN THIS FORM IN YOU WANT A PRELIMINARY HEARING
`
`DtIR (LI
`
`I
`
`I
`
`Dfdgt
`
`I
`
`I
`
`I
`
`I have explained the significance of the preliminary hearing to the defendant. the Consent to Participate in Deferred Prosecution Progra
`and consent to waiver of a preliminary hearing in this case.
`
`IOI'Z‘HIH:
`
`Date
`
`(:.£1(IZZ::.-:0?L[—?l
`
`De
`
`rise Counsel
`
`Bar Number
`
`I consent to a waiver of a preliminary hearing in this case.
`
`D
`
`NINTH:
`.
`
`.
`
`ate 3/02 g
`
`
`Bar Number
`
`
`
`
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
One Moment Please
The filing “”is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if thefiling has been downloaded. The filing will also be emailed to you when the download completes.
Sealed Document
We are unable to display this document, it may be under a courtordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
