STATE OF NORTH DAKOTA IN DISTRICT COURT
COUNTY OF ________________ CRIMINAL NO. ___________________
THE STATE OF NORTH DAKOTA, PETITION TO WAIVE
PLAINTIFF PRELIMINARY HEARING
vs. AND ARRAIGNMENT
__________________, IN A FELONY CASE
1 TO THE ABOVE-NAMED COURT:
3 I wish to waive the preliminary hearing and arraignment in this case and I state to the
4 Court the following:
6 1. I am the Defendant in this case, my full name is _________________ and my date
7 of birth is ______________.
9 2. I am charged with _____(name of offense)_____ in violation of _________(statute
10 or ordinance)____.
12 3. I understand that the maximum possible sentence for the offense with which I am
13 charged is _____ days imprisonment or a fine of ___(amount)___ or both, and that the
14 Court may impose a sentence of imprisonment of not less than _____ days
15 imprisonment or a fine of ________ or both (if a minimum sentence is required by
17 4. I am represented by____________________________________________.
20 5. I have been advised by my attorney that:
22 I have a right to remain silent and that any statement I make may later be
23 used against me;
25 I have a right to the assistance of counsel before making any statement or
26 answering any questions;
28 I have a right to be represented by counsel at each and every stage of the
31 I have a right to have legal services provided at public expense to the extent
32 that I am unable to pay for my defense without undue hardship; and
34 I have the right to be admitted to reasonable bail under Rule 46.
36 6. I understand that a defendant who is not a United States citizen may request that
37 an attorney for the state or a law enforcement officer notify a consular officer from
38 the defendant's country of nationality that the defendant has been arrested.
40 7. I have been advised by my attorney that:
42 I have the right to plead not guilty and to persist in that plea;
44 I have the right to a jury trial;
46 I have the right at trial to confront and cross-examine adverse witnesses,
47 to be protected from compelled self-incrimination, to testify and present evidence,
48 and to compel the attendance of witnesses.
50 8. I understand that I am presumed to be not guilty. At trial, the burden of proof
51 would be on the State to prove beyond a reasonable doubt that I committed the
52 offense. I understand that I will waive my right to a trial if I later choose to plead
55 9. I understand I have the right to a preliminary hearing under Rule 5.1. The
56 purpose of the preliminary hearing would not be to determine guilt or innocence,
57 but for the Court to determine whether there is probable cause to believe that an
58 offense has been committed and I committed the offense.
60 10. I understand that under Rule 10 I have a right to an arraignment in open court
61 and to have the indictment, information, or complaint read before entering a plea.
63 11. I have fully discussed the charge(s), all my rights, and this petition with my
64 attorney, ____(name of attorney)____. I knowingly and voluntarily give up my
65 right to be present at the preliminary examination and arraignment and request that
66 the Court enter a plea of NOT GUILTY to the charge(s) in the indictment,
67 information or complaint on my behalf.
69 Dated this ____ day of _______, 20___.
73 Signature of Defendant
77 Printed Name of Defendant
79 Subscribed and sworn to before me this
81 ____ day of ______, 20__.
85 NOTARY PUBLIC
87 I, ___(name of attorney)___ state that I am the attorney for the defendant in this
88 criminal action; that I personally explained the contents of the above petition to
89 the defendant; and that I personally observed the defendant date and sign the
90 above petition.
92 Dated this _____ day of ________, 20__.
96 Attorney for Defendant
98 PETITION TO WAIVE PRELIMINARY HEARING AND ARRAIGNMENT
99 ACCEPTED BY
103 Judge of (District Court)Date