Free Right to an Attorney - Mississippi


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State: Mississippi
Category: Court Forms - State
Word Count: 596 Words, 3,418 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.justicecourt.com/MS/Forms/Waiver.pdf

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IN THE JUSTICE COURT OF RANKIN COUNTY, MISSISSIPPI I, ________________________________________, understand the following: 1. 2. 3. 4. I am charged with the crime(s) of ____________________________________________. I have been advised by the Judge of the minimum and maximum penalties for the abovereferenced crime(s). I have the right to plead not guilty to any crimes charged against me. The Constitution guarantees me: a. the right to an attorney at every stage of the proceedings against me; b. the right to have an attorney appointed to represent me if I am indigent; c. the right to a speedy and public trial by jury; d. the right to see, hear, and face in open court all witnesses called to testify against me, and the right to cross examine those witnesses; e. the right to use the power and process of the court to compel the production of any evidence, including the attendance of any witnesses in my favor; f. the presumption of innocence, i.e., the State must prove beyond a reasonable doubt that I am guilty, and the right to a unanimous jury verdict of all jurors before I could be found guilty; g. the right to take the witness stand and testify in my own behalf if I want to; if I do not wish to take the witness stand and testify, I further understand that this fact cannot be held against me, and that the jury may be instructed that my refusal to testify may not be held against me; h. I understand that unless I knowingly, willingly, and voluntarily agree to do so, I cannot be compelled to give testimony against myself in violation of my Fifth Amendment rights. If I plead not guilty: a. a trial will be set and I am required to appear for such trial; b. my signature on the trial notice indicates my understanding that I am ordered to appear in Court on the date and time in such notice; c. if I appear for the trial and if I am convicted of the above-referenced crime(s), the conviction(s) may later be used against me for the purpose of increased or enhanced sentencing should I later be convicted of another criminal offense; d. if I fail to appear for the trial: (1). the trial may be conducted in my absence; (2). if I am tried in my absence and if I am found guilty of the above-referenced crime(s): (a). a sentence (which may include jail time) will be imposed; (b). the conviction(s) may later be used against me for the purpose of increased or enhanced sentencing should I later be convicted of another criminal offense; (c). a warrant will be issued for my arrest; (3). a warrant may also be issued for my arrest for contempt of court for failing to comply with the court order to appear for trial on the specific date and at the specific time. If I plead guilty or plead nolo contendere (no contest): a. I am waiving each and every one of the Constitutional rights described in the paragraph numbered four (4) above; b. I will be convicted of the above-referenced crime(s); c. the conviction(s) may later be used against me for the purpose of increased or enhanced sentencing should I later be convicted of another criminal offense.

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WAIVER OF MY RIGHT TO AN ATTORNEY I am able to read and write or have had this document read to me. I understand each paragraph above and I do hereby knowingly and voluntarily waive my right to an attorney. This _____ day of _______________, 20___. ___________________________________ Witness ______________________________________ Defendant