Ordinance 3266-12 - Laserfiche WebLink

underlying charge(s) at any future hearings if the defendant is found to have violated one or more of the conditions of the Court-Monitored Deferral; 5. A statement that defendant understands that the petition and the statements contained in it are not an admission of guilt, and that a hearing as described in Section 5.B of this Ordinance is necessary before the statements can be used to support a finding of guilt; 6. A statement acknowledging that if the defendant is found to have violated the conditions of the Court-Monitored Deferral, evidence will be presented against the defendant at a future hearing and the Judge will read and review the evidence in determining the defendant's guilt or innocence; 7. An agreement that the police report and/or other agreed-upon factual record of the conduct ("factual record") shall be placed into the court file for administrative efficiency but not admitted into evidence at the time the petition is entered into and/or the order granting the Court-Monitored Deferral is signed; 8. Acknowledgement that if the defendant is found to have violated the conditions of the Court-Monitored Deferral, the defendant has waived any objection to admission of the factual record into evidence at a future hearing; and 9. A statement agreeing that should the matter come on for stipulated trial at a later date, the defendant gives up his/her right to contest the lawfulness of the search of him/her and the seizure of any evidence from him/her as set forth in the offense(s) charged herein. If, prior to the Order granting a Court-Monitored Deferral is signed, the defendant wishes to withdraw his/her petition or if the Court declines to sign the Order granting a Court-Monitored Deferral, none of the waivers required by this section except the waiver of the right to trial within 60/90 days and the right to speedy trial will be considered to have taken effect. Section 3: Order- Findings. A. Judges shall have the authority to grant a Court-Monitored Deferral. B. Before signing an order for a Court-Monitored Deferral,the Judge shall make findings that: 1. The defendant has signed a petition that includes all of the requirements of Section 2 of this Ordinance; 2. The defendant has knowingly, voluntarily and intelligently waived his/her rights and agreed to proceed by way of a Court-Monitored Deferral; and 3. In the event the Court-Monitored Deferral is revoked and the defendant is found guilty of the offense(s), the defendant understands that he/she can be sentenced up to the maximum penalty allowed by law despite any agreed-upon sentencing recommendation between the parties. C. The findings required by subsection B of this section will be in included in the order granting Court-Monitored Deferral. Section 4: Term -Jurisdiction. A. A Court-Monitored Deferral shall not extend for more than two years from the date it is entered unless agreed to by the prosecutor and authorized by the Judge. 3