Laserfiche WebLink
2. <br /> 4. Acknowledgement and waiver of the right to contest and object to any evidence <br /> presented against the defendant as to the defendant's guilt or innocence regarding the <br /> underlying charge(s) at any future hearings if the defendant is found to have violated one <br /> or more of the conditions of the Court-Monitored Deferral; <br /> 5. A statement that defendant understands that the petition and the statements contained in it <br /> are not an admission of guilt, and that a hearing as described in Section 5.B of this <br /> Ordinance is necessary before the statements can be used to support a finding of guilt; <br /> 6. A statement acknowledging that if the defendant is found to have violated the conditions <br /> of the Court-Monitored Deferral, evidence will be presented against the defendant at a <br /> future hearing and the"Judge will read and review the evidence in determining the <br /> defendant's guilt or innocence; <br /> 7. An agreement that the police report and/or other agreed-upon factual record of the <br /> conduct ("factual record") shall be placed into the court file for administrative efficiency <br /> but not admitted into evidence at the time the petition is entered into and/or the order <br /> granting the Court-Monitored Deferral is signed; <br /> 8. Acknowledgement that if the defendant is found to have violated the conditions of the <br /> Court-Monitored Deferral, the defendant has waived any objection to admission of the <br /> factual record into evidence at a future hearing; and <br /> 9. A statement agreeing that should the matter come on for bench trial at a later date, the <br /> defendant gives up his/her right to contest the lawfulness of the search of him/her and the <br /> seizure of any evidence from him/her as set forth in the offense(s).charged herein. <br /> Section 3: Order-Findings. <br /> A. Judges shall have the authority to grant a Court-Monitored Deferral. <br /> B. Before signing an order for a Court-Monitored Deferral,the Judge shall make findings that: <br /> 1. The defendant has signed a petition that includes all of the requirements of Section 2 of <br /> this Ordinance; <br /> 2. The defendant has knowingly, voluntarily and intelligently waived his/her rights and <br /> agreed to proceed by way of a Court-Monitored Deferral; and <br /> 3. In the event the Court-Monitored Deferral is revoked and the defendant is found guilty of <br /> the offense(s), the defendant understands that he/she can be sentenced up to the <br /> maximum penalty allowed by law despite any agreed-upon sentencing recommendation <br /> between the parties. <br /> 4. The findings required by this subsection will be in included in the order granting Court- <br /> Monitored Deferral. <br /> Section 4: Term-Jurisdiction. <br /> A. A Court-Monitored Deferral shall not extend for more than two years from the date it is <br /> entered unless_ agreed to by the prosecutor and authorized by the Judge. <br /> B. The Municipal Court shall have continuing jurisdiction and authority during the period of the <br /> Court-Monitored-De-fen--al. — —— —— — — — — <br /> Section 5: Monitoring—Hearing on Violation- Compliance <br /> . A. Monitoring <br /> 3 <br /> 4 <br />