Waiver of Constitutional Rights Sample Clauses

Waiver of Constitutional Rights. The defendant, by pleading guilty, acknowledges that he has been advised of, understands, and knowingly and voluntarily waives the following rights: a. the right to plead not guilty and to persist in a plea of not guilty; b. the right to be presumed innocent until his guilt has been established beyond a reasonable doubt at trial; c. the right to a jury trial, and at that trial, the right to the effective assistance of counsel; x. the right to confront and xxxxx-xxxxxxx the witnesses who testify against him; x. the right to compel or subpoena witnesses to appear on his behalf; and f. the right to remain silent at trial, in which case his silence may not be used against him. The defendant understands that by pleading guilty, he waives or gives up those rights and that there will be no trial. The defendant further understands that if he pleads guilty, the Court may ask him questions about the offense or offenses to which he pleaded guilty, and if the defendant answers those questions under oath and in the presence of counsel, his answers may later be used against him in a prosecution for perjury or making a false statement. The defendant also understands he has pleaded guilty to a felony offense and, as a result, will lose his right to possess a firearm or ammunition and might be deprived of other rights, such as the right to vote or register to vote, hold public office, or serve on a jury.
AutoNDA by SimpleDocs
Waiver of Constitutional Rights. MORTGAGOR UNDERSTANDS AND AGREES THAT IF AN "EVENT OF DEFAULT" (AS DEFINED IN THE CREDIT AGREEMENT) SHALL OCCUR, MORTGAGEE HAS THE RIGHT, INTER ALIA, TO FORECLOSE THIS MORTGAGE BY ADVERTISEMENT PURSUANT TO MINNESOTA STATUTES, CHAPTER 580, AS HEREAFTER AMENDED, OR PURSUANT TO ANY SIMILAR OR REPLACEMENT STATUTE HEREAFTER ENACTED; THAT IF MORTGAGEE ELECTS TO FORECLOSE BY ADVERTISEMENT, IT MAY CAUSE THE MORTGAGED PROPERTY, OR ANY PART THEREOF, TO BE SOLD AT PUBLIC AUCTION; THAT NOTICE OF SUCH SALE MUST BE PUBLISHED AND GIVEN PERSONALLY TO THE PERSONS IN POSSESSION OF THE MORTGAGED PROPERTY AS PROVIDED BY STATUTE; THAT MORTGAGOR WILL HAVE SUCH PERIOD AS IS PROVIDED BY MINNESOTA STATUTES, Sections 580.23 OR 582.032, AS APPLICABLE, OR ANY AMENDMENT THERETO, OR ANY SIMILAR OR REPLACEMENT STATUTE HEREAFTER ENACTED, TO REDEEM THE MORTGAGED PROPERTY SO SOLD BY PAYING THE SALE PRICE, ANY TAXES, ASSESSMENTS AND INSURANCE PREMIUMS PAID BY THE PURCHASER AT SUCH SALE, AND OTHER SUMS PERMITTED BY LAW, TOGETHER WITH INTEREST THEREON FROM THE DATE OF SALE OR PAYMENT AT THE HIGHEST RATE PERMITTED BY LAW. MORTGAGOR FURTHER UNDERSTANDS THAT IN THE EVENT OF SUCH DEFAULT, MORTGAGEE MAY TAKE POSSESSION OF THE MORTGAGED PROPERTY WHICH IS SUBJECT TO THE SECURITY INTEREST HEREINBEFORE GRANTED AND DISPOSE OF THE SAME BY SALE OR OTHERWISE IN ONE OR MORE PARCELS, PROVIDED THAT AT LEAST (10) DAYS' PRIOR NOTICE OF SUCH DISPOSITION MUST BE GIVEN TO MORTGAGOR, ALL AS PROVIDED FOR BY THE MINNESOTA UNIFORM COMMERCIAL CODE, AS HEREAFTER AMENDED, OR BY ANY SIMILAR OR REPLACEMENT STATUTE HEREAFTER ENACTED. MORTGAGOR FURTHER UNDERSTANDS THAT UNDER THE CONSTITUTION OF THE UNITED STATES IT MAY HAVE THE RIGHT TO NOTICE AND HEARING BEFORE THE MORTGAGED PROPERTY MAY BE SOLD AND THAT THE PROCEDURE FOR FORECLOSURE BY ADVERTISEMENT DESCRIBED ABOVE DOES NOT INSURE THAT NOTICE WILL BE GIVEN TO MORTGAGOR, AND NEITHER SAID PROCEDURE FOR FORECLOSURE BY ADVERTISEMENT NOR THE MINNESOTA UNIFORM COMMERCIAL CODE REQUIRES ANY HEARING OR OTHER JUDICIAL PROCEEDING. MORTGAGOR HEREBY RELINQUISHES, WAIVES AND GIVES UP ANY CONSTITUTIONAL RIGHTS TO NOTICE AND HEARING BEFORE SALE OF THE MORTGAGED PROPERTY AND EXPRESSLY CONSENTS AND AGREES THAT THE MORTGAGED PROPERTY MAY BE FORECLOSED BY ADVERTISEMENT AND THAT THE PORTION THEREOF WHICH IS SUBJECT TO THE SECURITY INTEREST HEREINBEFORE GRANTED MAY BE DISPOSED OF PURSUANT TO THE UNIFORM COMMERCIAL CODE, ALL AS DESCRIBED ABOVE. MORTGAGOR ACKNOWLEDGES THAT IT IS REPRESENTED BY L...
Waiver of Constitutional Rights. By pleading guilty, Defendant gives up the right to persist in a plea of not guilty and the right to a speedy and public trial by jury or by the Court. As a result of Defendant’s guilty plea, there will be no trial. At any trial, whether by jury or by the Court, Defendant would have had the following rights: a. The right to the assistance of counsel, including, if Defendant could not afford an attorney, the right to have the Court appoint an attorney to represent Defendant. b. The right to be presumed innocent and to have the burden of proof placed on the Government to prove Defendant guilty beyond a reasonable doubt. c. The right to confront and cross-examine witnesses against Defendant. d. The right, if Defendant wished, to testify on Defendant’s own behalf and present evidence in opposition to the charges, including the right to call witnesses and to subpoena those witnesses to testify. e. The right not to be compelled to testify, and, if Defendant chose not to testify or present evidence, to have that choice not be used against Defendant. f. By pleading guilty, Xxxxxxxxx also gives up any and all rights to pursue in this Court or on appeal any affirmative defenses, Fourth Amendment or Fifth Amendment claims, and other pretrial motions that have been filed or could be filed.
Waiver of Constitutional Rights. 19 The defendant understands that by pleading guilty he is waiving the following constitutional 20 rights: (a) to plead not guilty and to persist in that plea if already made; (b) to be tried by a jury; (c) to 21 be assisted at trial by an attorney, who would be appointed if necessary; (d) to subpoena witnesses to 22 testify on his behalf; (e) to confront and cross-examine witnesses against him; and (f) not to be
Waiver of Constitutional Rights. The defendant, by pleading guilty, acknowledges that it has been advised of, understands, and knowingly and voluntarily waives the following rights: a. the right to plead not guilty and to persist in a plea of not guilty; b. the right to be presumed innocent until its guilt has been established beyond a reasonable doubt at trial; c. the right to a jury trial, and at that trial, the right to the effective assistance of counsel; x. the right to confront and cross-examine the witnesses who testify against it; e. the right to compel or subpoena witnesses to appear on its behalf; and f. the right to remain silent at trial, in which case its silence may not be used against it. The defendant understands that, by pleading guilty, the corporation waives or gives up those rights and that there will be no trial. The defendant further understands that, if it pleads guilty, the Court may ask the corporation questions about the offenses to which TYSON POULTRY, INC., pleaded guilty, and if the defendant answers those questions under oath and in the presence of counsel, its answers may later be used against the corporation in a prosecution for perjury or making a false statement.
Waiver of Constitutional Rights. 3 The defendant understands that by pleading guilty she is waiving the following constitutional 4 rights: (a) to plead not guilty and to persist in that plea if already made; (b) to be tried by a jury; (c) to 5 be assisted at trial by an attorney, who would be appointed if necessary; (d) to pursue any affirmative 6 defenses, Fourth Amendment or Fifth Amendment claims, constitutional challenges to the statutes of 7 conviction, and other pretrial motions that have been filed or could be filed; (e) to subpoena witnesses to 8 testify on her behalf; (f) to confront and cross-examine witnesses against her; and (g) not to be
Waiver of Constitutional Rights. By entering this Agreement, and upon the advice and consent of the Defendant’s attorney, the Defendant WAIVES the following rights:
AutoNDA by SimpleDocs
Waiver of Constitutional Rights. Defendant understands that by pleading guilty, defendant 25 gives up the following rights:
Waiver of Constitutional Rights. I understand that I have the right to be represented by an attorney at every stage of the proceeding and, if necessary, an attorney will be appointed to represent me. I have the right to both a jury trial and an attorney’s help at that trial. At that trial the State must prove I am guilty beyond and to the exclusion of a reasonable doubt. I have the right to compel attendance of witnesses on my behalf, the right to see, confront, and cross-examine witnesses against me, and the right not to testify or to incriminate myself. By pleading guilty or no contest, I understand I am waiving my right to a trial and I am voluntarily waiving all of these other trial rights.
Waiver of Constitutional Rights. The defendant agrees that by pleading guilty she is waiving the following constitutional rights:
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!