L-1268 08/14/2025 Page 1 of 4

Cal. Form L-1268

California Superior Local Rules

s) dismissed on People’s motion. 3. 4. I understand I am also charged with a violation of probation in case number . 4. RIGHTS AND WAIVERS 5. I understand I have the following constitutional rights, which I am waiving and giving up by entering my plea, and, if applicable, by my admission of a probation violation: 5. 5a. I have the right to be represented by an attorney at all stages of the proceedings until the case is completed.

If I cannot afford an attorney, one will be appointed to represent me. (For defendants without an attorney: I am aware that there are dangers and disadvantages of representing myself and there may be a value in obtaining advice from an attorney in this matter, but I knowingly and voluntarily waive and give up my right to an attorney and choose to represent myself.) 5a. 5b. I have the right to a speedy and public trial by a jury or a judge, and if charged with a probation violation, the right to a hearing before a judge. I waive and give up this right. 5b. 5c.

I have the right to confront the witnesses against me and to cross-examine them. I waive and give up this right. 5c. 5d. I have the right to testify on my own behalf, but I cannot be compelled to be a witness against myself and may remain silent if I choose. I waive and give up this right. 5d. 5e. I have the right to present evidence and have the Court issue subpoenas to bring into Court all witnesses and evidence favorable to me, at no cost to me. I waive and give up this right. 5e. 5f.

Under the Fourth and Fourteenth Amendments to the United States Constitution, I have a right to be free from unreasonable searches and seizures. If I am granted probation, I waive and give up this right. I agree to submit my person and property, including any residence, premises, container, or vehicle under my control which may include electronic devices, to search and seizure at any time of the day or night by any peace officer or probation officer, with or without a warrant, and with or without reasonable cause or reasonable suspicion. 5f. 6.

I understand I have the right to appeal an adverse ruling on a Penal Code § 1538.5 motion. I waive and give up this right. 6. 7. I understand that I have the right to have a delay in pronouncement of my sentence of not less than six hours and not more than five days after my plea. I waive and give up this right and agree to be sentenced at this time. 7. For Court Use Only 1. My true full name is SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE DOMESTIC VIOLENCE MISDEMEANOR GUILTY PLEA FORM CASE NO. PEOPLE vs. L-1268 08/14/2025 Page 2 of 4 8. Arbuckle Waiver.

I understand I have the right to be sentenced by the judge who accepts this plea. I waive and give up this right. 8. 9. Harvey Waiver. I understand I may be required to pay restitution on a count that is being dismissed pursuant to this plea agreement. 9. 10. I understand I have the right to be present for the entry of the plea of guilty or nolo contendere. I waive and give up this right. 10. 11. I understand I have the right to reject probation.

I waive and give up this right and accept probation on the terms and conditions as imposed by the Court, or as contained in the attached Sentence Recommendation form. 11. 11a. If the judge does not wish to follow the Prosecutor’s sentence recommendation, I may withdraw my plea. 11a. 11b. If I violate any of the terms of probation, I may be returned to court and sentenced up to the maximum punishment as indicated on page 1. 11b. CONSEQUENCES 12. I understand that some possible consequences of my plea and admissions are as follows: 12a.

There will be state penalty assessments added to any fines imposed by the Court. 12a. 12b. I will be ordered to pay a minimum of $150 and a maximum of $1,000 to the State Restitution Fund unless the court makes a finding of “compelling and extraordinary reasons” for waiving this fine. 12b. 12c. I will be ordered to pay a minimum of $150 and a maximum of $1,000 Probation Revocation Restitution fine pursuant to Penal Code § 1202.44. The restitution fine will be stayed but will be payable upon revocation of probation. 12c. 12d. I will be ordered to pay restitution on count(s) , and dismissed count(

s) pursuant to 12d. a Harvey waiver, as part of the plea agreement, in the amount of $ , or in an amount to be determined by the Court or the Probation Department. If I disagree with the amount of restitution determined by the Court or Probation Department, I may request a court hearing to determine the amount of restitution. 12e. Immigration Consequences: I understand if I am not a citizen of the United States, the conviction or sentence for the offense(

s) charged may have the consequence of deportation, exclusion from admission to the United States, and denial of naturalization pursuant to the laws of the United States. 12e. 12f. If I am charged and convicted of a similar offense in the future, my plea today may be used to increase my punishment for the new offense. 12f. 12g. If I am presently on probation or parole for any previous conviction, my plea today may cause me to be in violation of that probation or parole and result in additional penalties and/or punishment. 12g. 12h. There may be additional consequences to my plea, as follows: 12h.

I may be required to register as a sex offender as required by Penal Code § 290. I may be required to register internet identifiers pursuant to Penal Code § 290.024. I understand I will be required to register with the local police agency or sheriff’s department in the city or county in which I reside and that if I willfully fail to register or to keep my registration current, new criminal charges may be filed against me. SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE DOMESTIC VIOLENCE MISDEMEANOR GUILTY PLEA FORM CASE NO. PEOPLE vs. L-1268 08/14/2025 Page 3 of 4 12i.

Firearms Advisement: I understand that under federal and state law, a conviction in this case prohibits me from owning, using, purchasing, receiving, possessing, or having under my custody or control any firearms, firearm parts, ammunition, reloaded ammunition, ammunition feeding devices (including magazines), body armor (as defined in Penal Code § 16288), and any item that may be used as or easily turned into a receiver or frame. I am ordered to relinquish all firearms, firearm parts, ammunition, and body armor in my possession, custody or control in accordance with Penal Code § 29810 and Penal Code § 31360.

Prohibition is for life 10 years or the term of probation. 12i. 12j. Child Custody Consequences: I understand that a conviction in this case may result in a rebuttable presumption that an award of sole or joint physical or legal custody of a child is detrimental to the best interest of the child under Family Code § 3044. 12j. 12k. I understand I may be required to provide a DNA sample pursuant to Penal Code § 296(a)(5). 12k. 12l. I understand I may be required to attend and complete an AIDS education program and submit to AIDS blood testing (Penal Code § 1202.1). 12l. 12m.

I understand that if I am convicted of certain offenses and ordered to complete a program, I may be subject to supervision under the Interstate Compact if residing outside the state of California. 12m. 12n. I understand that I must reside in the state of California until approval is received from the Probation Department and the Interstate Compact Office. 12n. 13. I understand I have the right to enter my plea before and be sentenced by a judge.

I waive and give up this right and agree to enter my plea before and be sentenced by, a Commissioner or Temporary Judge: 13. _______________________________________ (enter name of Commissioner or Temporary Judge). PLEA 14. I offer my plea and admit the listed priors and allegations freely and voluntarily. No one has made any threats, used any force against me or my family or loved ones, and no one has made any promises to me other than as on the Sentence Recommendation form. 14. 15. I make my plea with a full understanding of all the matters set forth in the charging document and in this form.

I have read, understood, and personally initialed each item herein, and I understand that the signing and filing of this form is conclusive evidence that I have pleaded GUILTY NOLO CONTENDERE to the charges set forth. 15. 16. Discussion with my attorney (Leave this box blank if you are not represented by an attorney).

Before entering this plea, I have had a full opportunity to discuss with my attorney the facts of the case, the elements of the charged offenses and prior convictions (if any), any defenses that I may have, my constitutional and statutory rights and waiver of those rights, the consequences of this plea, and anything else I think is important to my case. 16. 17. I offer the following as a factual basis for my plea: SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE DOMESTIC VIOLENCE MISDEMEANOR GUILTY PLEA FORM CASE NO. PEOPLE vs.

L-1268 08/14/2025 Page 4 of 4 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATED: _______________________________ SIGNED: _____________________________________________ (Defendant) DEFENSE ATTORNEY’S STATEMENT: I am the attorney of record for the defendant. I have explained to defendant each of the rights set forth on this form. I have discussed the charges and the facts with the defendant. I have studied the possible defenses to the charges and discussed those possible defenses with the defendant.

I have discussed the possible sentence ranges with the defendant. I have advised the defendant of immigration consequences and have complied with the requirements of Penal Code § 1016.3(a). I have discussed the facts of the case with the defendant and have explained the nature and elements of each charge; any possible defenses to the charges; the effect of any prior convictions, enhancements, allegations, and circumstances in aggravation; and the consequences of the plea. I also have discussed the contents of this form with the defendant.

I concur with the defendant’s decision to waive the rights set forth on this form and to plead guilty. No promises of a particular sentence or sentence recommendation have been made to the defendant by me, or to my knowledge by the prosecuting attorney or the court, which have not been fully disclosed on this form. I agree that this form may be received by the court as evidence of defendant’s advisement and voluntary, intelligent, knowing, and express waiver of the rights set forth on this form.

DATED: _______________________________ SIGNED: _____________________________________________ (Attorney of Record) INTERPRETER’S STATEMENT: I, _____________________________________, having been duly sworn as a court certified/registered/provisionally qualified interpreter, state that I am fluent in the ______________________ language. I translated the contents of this form to defendant in that language. DATED: _______________________________ SIGNED: _____________________________________________ (Court Interpreter) FOR THE PEOPLE: I am the prosecuting attorney in this case.

I certify that I have reviewed the Advisement and Waiver of Rights for a Guilty Plea as well as complied with the requirements of Penal Code § 1016.3(b). DATED: _______________________________ SIGNED: _____________________________________________ (Prosecutor) Plea to Prosecutor Offer: Plea to the Court:

Document details

Collection	California Superior Local Rules
Citation	Cal. Form L-1268
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	77b7758b8d51902dc5f4192ea071eddd7791effc

Source file is stored in the law ingest library (pdf).