FARIZONA IN AND FOR THE COUNTY OF MARICOPA
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`IN THE SUPERIOR COURT OF THE STATE O
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`STATE OF ARIZONA
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`WAIVER OF PRELIMINARY HEARING AND
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`CONSENT TO PARTICI'ATE N DEFERRED
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`PROSECUTION PROGRAM
`Defendant.
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`Instructions: You are entitled to a preliminary hearing on the charges against you. The purpose of this form is to notify you of
`your rights and of the ways in which the hean‘ng could benefit you, and to allowyou to give up your rights ifyou so choose. Read the
`entire form before signing it.
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`RIGHT TO A PRELIMINARY HEARING
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`I understand that I am charged with the crime of
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`which is a felony under the laws of Arizona and that if I am found guilty I can be given a severe punishment. includ
`the Arizona State Prison. in the Maricopa County Jail. by a‘fine, or other penalty.
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`I understand that under the Arizona Constitution I have a right to a preliminary hearing at which a magistrate. without making
`any determination Of my guilt or innocence, will decide whether there is sufficient evidence against me to establish probable cause to'try
`me'on these charges.
`[understand that I have a right to a lawyer at the preliminary hearing.'and that if I
`'am unable to’ obtainthe
`services of a lawyer withoutincurring 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 -
`e on the charges and that l WOUId have the right to cross-examine such'witnesses and
`demonstrate that there is probable cause totry m
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`I understand that if the prosecutor failed to show probable cause to try. me. the charges j
`to present evidence of- my own innocence.
`' against me would be dismissed.
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`I understand that giving up my right to a preliminary hearing gives the state theright tO try me for the offenses charged without
`any detennination of probable cause by a magistrate.
`CONSENT To PARTICIPATE IN DEFERRED PROSECUTION PROGRAM
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`ing imprisonment in
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`secution program. and I give my consent to the Maricopa County AttOrney’s Office to
`I agree to participate in the deferred pro
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`at my participation in the program is contingent upon my
`- apply to the Court for suspension of prosecution 'Of this matter.
`-I understand th
`By agreeing to
`If accepted, I will adhere to the regulations of the program and the directives of my casevmanager,
`acceptance.
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`1 participate in the deferred prosecution program, I acknowledge that:
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`1.
`I must report to TASC at the location and on the date assigned. Prior to signing this Consent. I have received my assigned ~-
`Iocationanddate‘ to report in writing from the TASC representative.
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`2. This conSent will. by necessity. cause a delay in the prosecution of this case, and l waive my right to a speedy the! as
`guaranteed by theConstitutlon and Rule 8 of the Arizona Rules Of Cn'minal Procedure. Prosecution Will be suspended for u
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`g _to‘ twoyears.
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`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 currentaddress and that I promptly notify TASC of any changes to my address at all times during the niaxt
`two years. unless earlier than'that date the Court dismisses the charges against me in this case. The Court will issue a
`'5 ‘ warrant for my arrest Ifl fail to appear at future court dates.
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`P
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`. CERTIFICATION AND WAIVER
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`After reading and understanding all of the abOve. I hereby give up my right to a preliminarylhearing in this case and consent to _
`participate in the deferred prosecution program.
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`' DO NOT SIGN THIS FORM IF YOU WANT A
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`PRELIMINARY HEARING
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`3104/
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`I have explained the significance of the preliminary hearing to‘the d- ~
`Program. andconsent to waiver of a preliminary hearing'in thl
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`articipa‘te in Deferred Prosecution
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`(Ma/4M?
`. Defendant
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`67-72;,
`Date »
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`‘ Prosecutor
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`I consent to waiver of a preliminary hearing in this case.
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`.Date
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