Fl. R. Juv. P. form 8.953

As amended through January 1, 2025

Form 8.953 - WAIVER OF RIGHTS

WAIVER OF RIGHTS

1. Right to counsel.

I have the right to have a lawyer help me at all times while I am in juvenile court. If I cannot afford a lawyer, the court will appoint one to help me. The person next to me is a lawyer who can help me.

I have talked to a lawyer about my case.

2. Entering a plea.

This means that I am not fighting the charge(s). It means that I am entering a plea of guilty or no contest.

By pleading guilty, I am admitting that I did the crime(s) that the state says I did.

By pleading no contest, I am entering a plea because it is in my best interest, but I am not admitting that I did anything wrong.

3. Nature of the charge(s) against me.

I know the crime(s) I have been charged with and what they mean.

I understand what crime(s) I am entering a plea to and which ones (if any) the state will dismiss.

4. Constitutional Rights

By entering a plea, I am giving up the following constitutional rights:

(a) Presumption of innocence.

Right now I am considered innocent and the state has to prove that I am guilty or that I did what they say I did beyond a reasonable doubt. I do not have to prove that I am innocent.

(b) Right to trial.

The state would try to prove I am guilty at a trial or adjudicatory hearing. The state may use evidence such as witness testimony, fingerprints, videos, or photos.

(c) Right to call and cross examine witnesses.

Witness testimony would be people who have information about the crime that are required to come to the trial. They will swear to tell the truth and answer questions by the prosecutor and my lawyer. The state would ask the witnesses questions and my lawyer and I would also be able to ask the witnesses questions.

I would also have the right to call my own witnesses at trial to tell my side of the story and speak for me on my behalf.

(d) Right to testify on your own behalf.

I would also have the right to tell the judge my side of the story after discussion with my lawyer.

(e) Right to remain silent.

I do not have to tell my side of the story. I can sit with my lawyer and not say anything. My decision to not talk or present evidence will not affect how the judge decides whether I am guilty or not guilty.

5. Evidence and/or Defenses.

My lawyer has informed me of the facts that the state would have to prove before I could be found guilty and has discussed with me any possible defenses that could be used in my case. I am entering this plea because I think the state could prove I am guilty if we went to trial or because it is in my best interest.

6. Consequences of a Plea.

My lawyer, or the court, has informed me of the possible consequences of entering into this plea, including, but not limited to:

(a) loss of driver license;

(b) deportation issues;

(c) how this will affect my record and future punishment from the court, including possible consequences in adult court;

(d) how this affects my ability to get a job, join the military, or apply for college;

(e) how this will affect my ability or my parent's or guardian's ability to secure or maintain housing; and

(f) issues relating to sex offender registration and notification as well as Jimmy Ryce consequences.

7. Voluntary and Intelligent.

I am entering this plea because I want to or because I think it is in my best interest. No one is forcing me to enter this plea. No promises or threats have been made to get me to enter this plea.

I am not under the influence of alcohol, drugs, or medications at this time.

8. Appeal.

If I went to trial and the juvenile court judge decided that I was guilty, I could ask some other judges, called appellate judges, to look over the trial and decide if the trial was fair and if the decision was fair and correct.

This is called my right to appeal. However, if the judge accepts this plea, the only issues I will be able to appeal are those that relate to my sentence and to the judge's authority to hear my case.

I am presently represented by ...(name).. My lawyer has gone over all my rights and I am satisfied with the advice and help of my lawyer.

______________

Child

(print name)

______________

Attorney for child

(print name)

______________

Date

Fl. R. Juv. P. form 8.953

Amended effective 7/1/2023; Adopted effective 1/1/2019.