10-711. Waiver of arraignment and denial of delinquent act.
STATE OF NEW MEXICO
COUNTY OF _______________
________________ JUDICIAL DISTRICT
IN THE CHILDREN’S COURT
In the Matter of _____________, a Child. No. __________
WAIVER OF ARRAIGNMENT AND
DENIAL OF DELINQUENT ACT
I was given a copy of the petition which charges me with committing a delinquent act. I have read the petition, and it has been explained to me by my attorney. I understand what I am charged with and the possible penalties that I face, including a disposition as a delinquent child in need of care or supervision.
I FURTHER UNDERSTAND THAT I HAVE THE FOLLOWING RIGHTS:
1. the RIGHT to personally appear before the children’s court and to admit or deny the charge(s) and to have my rights explained;
2. the RIGHT to trial by jury;
3. the RIGHT to the assistance of an attorney at all stages of the proceedings and to have an attorney appointed free of charge if I cannot afford one;
4. the RIGHT to confront the witnesses against me and to cross-examine them as to the truthfulness of their testimony;
5. the RIGHT to present evidence on my own behalf and to have the State compel witnesses of my choosing to appear and testify; and
6. the RIGHT to remain silent.
With this knowledge and understanding, I give up the right to personally appear before the children’s court for arraignment and hereby deny the delinquent acts charged in the above-referenced petition.
___________________________
Signature of Child
___________________________
Date
I have explained to the child the child’s right to personally appear before the children’s court to enter a denial and to have the child’s rights explained by the Judge. I am satisfied that the child understands the waiver of his or her rights.
___________________________
Attorney for Child
APPROVED:
_________________________
[ ] Children’s Court Judge
[ ] Children’s Court Hearing Officer
[Adopted, effective July 1, 1995; 10-415A recompiled and amended as 10-711 by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after December 31, 2016.]