DISTRICT   COURT, 

COUNTY,  UTAH 

WAIVER  OF RIGHTS  BY DEFENDANT 

My name is: ---------------------  

I have placed my initials by each of the following paragraphs indicating that I have read, understand and agree with what is stated in each paragraph. 

Voluntary Plea.  I have made the decision to plead "guilty" 
or "no contest" to certain charges filed against me.  I have done this 
of my own free will and choice. 

Waiver of Rights.  I know that in pleading guilty, I 
voluntarily waive and give up basic rights guaranteed to me 
under the constitutions and laws of Utah and the United States. 
SPECIFIC  RIGHTS  WAIVED: 

1. I waive the presumption of innocence.

2. I waive the right to remain silent and my right against self  

incrimination.

3. Ifl have not yet had one, I waive my right to a preliminary
hearing. I understand the purpose of a preliminary hearing
and I have had an opportunity to carefully consider it.

4. I waive the right to a speedy, public trial by an

impartial jury.

before I am sentenced, or it will be too late. 

  Judge  Discretion.  I know the judge has broad discretion in 

imposing sentence.  I know the judge is not bound by the 
recommendations of the lawyers.  I know when there is a conviction 
on multiple offenses the judge can merge them together (run them 
concurrent) or stack them on top of each other, one to follow the 
other (run them consecutive).  I also know in addition to the range of 
penalties provided by statute, I may be required to make restitution to 
injured parties or to perform other tasks. 

Right to Appeal.  I know I have greatly compromised my

 
right of appeal, and to the extent I retain any such right, mv appeal 
would have to be filed within 30 davs after   final   judgment  
is entered. 

Deportation.   If l plead  "guilty" or "no contest" to a charge 
in this case, I may be deported from the United States by the proper 
federal authorities.  Deportation is not determined in a state court, 
but is determined by federal authority. 

5. I waive the right to confront and cross examine my 

accusers and each witness that would be called against me
at trial.

Right to an Attorney.  I know I have the right to an attorney, 

either of my own choosing or as appointed by the court. I understand 
an attorney's advice may help me. I hereby waive this right. 

6.

I waive the right to call witnesses in my own defense and 
require they appear at trial. I know if I lack the necessary 
financial resources the state would pay for the attendance 
of these witnesses.

7. I waive the right to testify in my own defense. I may 
make a statement at the time of sentencing, but not 
to contradict my conviction.

8. I waive the right to appeal my conviction should a

jury find me guilty.  There will be no trial.

Proof Requirements.  I know if I plead "not guilty" the 

presumption of innocence will follow me throughout the trial and I 
would not have to prove anything. I know the state has the burden of 
proof and in order to convict me it must prove each element of each 
offense beyond a reasonable doubt. 

Unanimous Verdict.  I know in order to convict me of any 
offense,  the  verdict  of  the  jury  must  be  unanimous  -  all  jurors 
must agree. 

Withdrawal of Plea.  I know I cannot withdraw my "guilty" 

or "no-contest" plea without approval of the judge, and I know I 
would have to have a good reason. I know the request must be made 

Defendant's  Certification.   I have read this paper.   I 
understand it.  I am entering a "guilty" or "no contest" plea of my 
own free will and choice and because I think it is in my best interest. 
I am NOT under the influence of alcohol or drugs.  I am in full 
control of my faculties and fully understand what I am doing. 

Signed: ____________ 

Date: ___________

Defense Attorney  Certification  (if applicable):  I am the 

Defendant's attorney.  The Defendant read this statement and 
discussed it with me.  I believe the Defendant understood it.  The 
Defendant appears mentally and physically competent.  To the best 
of my knowledge and belief, after an appropriate investigation, the 
representations and declarations made by the Defendant in the 
foregoing acknowledgment and Waiver of Rights are true and 
correct. 

 Signed: _____________________________________________

Date: ________________________________________________

Modified 10/2014