Minn. R. Juv. Delinq. P. Form 12

Minnesota Rules of Juvenile Delinquency Procedure

Form 12. Waiver of Right to Contested Hearing in an Extended Jurisdiction Juvenile Case

STATE OF MINNESOTA DISTRICT COURT - JUVENILE DIVISION

COUNTY OF _ _____________ JUDICIAL DISTRICT

In the Matter of the Welfare of: WAIVER OF RIGHT

TO CONTESTED HEARING IN AN EXTENDED JURISDICTION JUVENILE CASE

_

Child

Court File No. _____________

I have been advised by my attorney and I understand the following rights:

1. My full name is _______________ and I have been charged by Delinquency Petition in juvenile court with the offense(s) of: ________________________________ which would be a felony if committed by an adult. This felony carries a presumptive sentence of _________________months in prison under the Minnesota Sentencing

[range]

Guidelines and applicable statutes.

2. The offense(s) is alleged to have occurred on ________ and I was at least 14 years old at the time, having a date of birth of _________________.

3. For the purpose of this waiver only, I submit there is probable cause to believe I committed the offense(s).

4. I understand that I have a right to an attorney.

5. The prosecutor has brought a motion for extended jurisdiction juvenile prosecution, and I understand I have a right to a hearing before a judge.

6. At that hearing, the prosecutor must show by clear and convincing evidence that designating the proceeding as an extended jurisdiction juvenile prosecution serves public safety. I have discussed the public safety factors with my attorney.

7. I understand I could present witnesses and evidence at that hearing.

8. I understand I could cross-examine all witnesses who testify for the state.

9. I understand I could present arguments against the extended jurisdiction juvenile prosecution.

10. I understand that by waiving my right to a hearing I agree that my case can proceed to a jury trial on the above-named offense(s). If I am found guilty, I will be subject to the penalties of both juvenile and adult court, including a stayed sentence under Minnesota Sentencing Guidelines and criminal statutes.

11. I have discussed with my attorney and understand the potential maximum penalties under the Minnesota Sentencing Guidelines and criminal statutes. I have discussed and understand that if I violate the terms of the stayed adult sentence, I have a right to a hearing, but if the court finds the violation proven, I will be in the adult court system where a prison sentence could be imposed. We have discussed and I understand that there may be sentencing departures, either upward if the court finds aggravating circumstances, or downward if the court finds mitigating factors in the case.

□ No promise of any agreement has been made to me.

□ The following agreement has been reached in exchange for my waiver:

12. I understand I have a right to discuss my case with my parent(s), legal guardian(s), or legal custodian(s), and I have either done so or waive my right to do so.

13. I understand the court will find I represent a danger to the public safety if kept solely within the juvenile system and will order an extended jurisdiction juvenile prosecution.

14. If a psychological evaluation has been completed, I understand I may request additional psychological evaluations and explore alternative treatment programs to find a suitable juvenile disposition option and demonstrate to the court that I do not represent a danger to the public safety if I remain in the juvenile system.

15. Based upon all of this information and investigation, I am choosing to waive or give up my right to have an extended jurisdiction juvenile hearing.

16. No threats have been made to coerce me into waiving these rights. No promises have been made to me except as set forth in paragraph 11.

17. I am waiving or giving up my rights freely and voluntarily. I have had sufficient time to discuss my rights and options with my attorney.

DATE: _ _

Child

DATE: _ _

Child's Attorney

(11/02)