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Document Hamiltoncounty_doc_8bad6d2ab1

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REQUEST TO WAIVE INITIAL HEARING LR29-CR00-306.20 FORM CR00-306 STATE OF INDIANA ) IN THE CIRCUIT/SUPERIOR COURT NO. ) SS: OF HAMILTON COUNTY COUNTY OF HAMILTON ) STATE OF INDIANA ) ) CAUSE NO. 29 v. ) ) ) Defendant. ) REQUEST TO WAIVE INITIAL HEARING The defendant, by counsel of record, requests to waive initial hearing and enter a plea of not guilty. In support of the request, counsel certifies to the Court: 1. That the defendant has been advised of the following rights: the right to assistance of counsel and the right to have assistance at public defense if indigent; the right to a public and speedy trial; the right to a trial by jury, and if a misdemeanor, that a written demand for trial by jury must be filed at least ten (10) days before the first trial date in order to preserve the right to trial by jury for a misdemeanor charge; the right to require the State to prove the criminal charge(s) beyond a reasonable doubt; the right to see, hear, and cross-examine all witnesses and evidence called by the State; the right against self-incrimination; the right to compel witnesses to attend and testify on the defendant’s behalf; the right to appeal if convicted after trial. 2. That the defendant has been advised by counsel of the nature of the charge(s) filed and the possible penalties, and that upon acceptance of this waiver, the Court will enter a plea of NOT GUILTY which will commence the running of certain deadlines within the next ten (10) days for a misdemeanor charge and twenty (20) days for a felony charge and which, if missed, could result in legal issues or defenses being lost. 3. That the defendant has been advised of the following conditions of bond: defendant shall appear in court at all times required by the Court; defendant shall not leave the State of Indiana without prior written consent of the Court; defendant shall not commit nor be arrested for another criminal offense; defendant shall keep his/her attorney and the Court advised in writing of any change of address, telephone number, and email within 24 hours of such change; all other conditions ordered by the Court; and that a violation of any condition may result in may result in revocation of bond and issuance of a re-arrest warrant. 4. For offenses under I.C. 9-30-5, Counsel for defendant shall advise defendant of immediate restriction or suspension of driving privileges. Counsel will also advise defendant that operating a motor vehicle in violation of restriction or suspension may result in additional criminal charges, bond forfeiture, and/or a contempt of court determination. 5. That the defendant has been advised that a no-contact order may be issued by the Court. Date: Attorney for the Defendant ---PAGE BREAK--- CERTIFICATE OF SERVICE I hereby certify that the foregoing has been served upon the Hamilton County Prosecutor this day of , 20 . Attorney for the Defendant ---PAGE BREAK--- STATE OF INDIANA IN THE HAMILTON CIRCUIT/SUPERIOR COURT NO. LR39-CR00-306.20 FORM CR00-306-PAGE 3 ENTRY FOR WAIVING INITIAL HEARING STATE OF INDIANA CAUSE NO. 29 v. Date: Judge’s Approval: Defendant. THE CLERK WILL PLEASE ENTER THE FOLLOWING ENTRY ON THE CHRONOLOGICAL CASE SUMMARY: Attorney for Defendant files a written appearance and written waiver of initial hearing set for (provide date, if known). The Court approves the waiver and sets this cause for the following: Omnibus date is set for ; Pretrial Conference is set for ; Bench/Jury (select one) is set for , at . Notice to all parties, including BONDSMAN Submitted by: Attorney for Defendant This section for Court usage only: CODE: ENTERED BY: