IN THE SUPERIOR COURT or THE STATE or ARIZONA
`IN AND FOR THE COUNTY OF MARICOPA
`
`9’3'1F1LED
`M
`.
`m
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`Case No, (2.in 20 I q i go l7? co /
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`WAIVER OF PRELIMINARY HEARING AND
`CONSENT TO PARTICIPATE IN DEFERRED
`PROSECUTION PROGRAM
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`ti I I | I
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`I
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`STATE OF ARIZONA,
`
`VS.
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`1 HOMAs LIE-,6 Tour elitist, in
`Defendant
`
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`instructions: You are entitled to a preliminary hearing on the charge(s) against you unless charged by grandjury indictment. The purpose
`of this form is to notify you of your rights and of the ways in which the hearing could benefit you, and to allow you to give up your rights if
`you choose. Read the entire for before signing it.
`
`
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`which is a felony under the law of Arizona a - that it I am fund guilty I can be given severe punishment, including imprisonment in the
`Arizona State Prison. in the Maricopa County Jail, by line or other penalty.
`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.
`I understand that l have a right to a lawyer at the Preliminary Hearing. and that if I am unable to obtain the services of a
`lawyer without incurring 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
`demonstrate that there is probable cause to try me on the charges and that twould have the right to cross—examine such witnesses and to
`present evidence of my own Innocence. i understand that if the prosecutor failed to show probable cause to try me. the charges against me
`would be dismissed.
`
`i understand that giving up my right to a preliminary hearing gives the state the right to try me for the offenses charged without any
`determination of probable cause by a magistrate.
`
`CONSENT TO PARTICIPATE IN DEFERRED PROSECUTION PROGRAM
`
`I agree to participate in the deterred prosecution program, and i give my consent to the Maricopa County Attorney'sOifioe to apply
`to the Court for suspension of prosecution of the matter.
`I understand that my participation in the program is contingent upon my
`acceptance.
`it accepted. I will adhere to the regulations ofthe program and the directives of my case manager. By agreeing to participate
`in the deferred prosecution program, I acknowledge that:
`
`1.
`
`I must report to TASC at the location and on the date assigned. Prior to signing this Consent, l have received my assigned location
`and date to report In writing from the TASC representative.
`2. This consent will, by necessity, cause a delay in the prosecution of this case, and | waive my right to a speedy trial as guaranteed
`by the Constitution and Rule 8 oi the Arizona Rules of Criminal Procedure. Prosecution will be suspended for up to two years.
`3. The Court is releasing me in this case on my own recognizance-my promise to appear at all future court dates.
`it the prosecutor
`seeks to resume prosecution against me. I will be notified of my next court date by mail. The Court is ordering that t notify TASC
`of my current address and that I promptly notify TASC of any changes to my address at all times during the next two years, unless
`earlier than that date the Court dismisses the charges against me in this case. The Coart will issue a warrant for my arrest if I fail
`to appear at future court dates.
`
`CERTIFICATION AND WAIVER
`
`After reading and understanding all of the above, l hereby give up my right to a Preliminary Hearing in this case and consent to participation
`in the deferred prosecution program.
`
`DO NOT SIGN THIS FORM IN YOU WANT A PRELIMINARY HEARING
`
`4-;
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`I have explained the significance of the preliminary hearing to the defendant, the Consent to Participate in Deferred Prosecution Program.
`and consent to waiver of a preliminary hearing in this case.
`
`ME é
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`Defense Counsel
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`UZ—Z/fiz
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`Bar Number
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`64:3ch
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`-
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`Dale
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`I cons ntt a waiver of a preliminary hearing in this case.
` 032%;-
`
`Prosecutor
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`Bar Number
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`Dete
`8150-914 R: 02116
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`
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