Form 10-711. Waiver of first appearance and denial of delinquent act.

[For use with Rule 10-224 NMRA] STATE OF NEW MEXICO COUNTY OF _______________ ________________ JUDICIAL DISTRICT IN THE CHILDREN’S COURT In the Matter of _____________, a Child. No. __________ WAIVER OF FIRST APPEARANCE AND DENIAL OF DELINQUENT ACT I was given a copy of the petition, which alleges that I committed a delinquent act. I have read the petition, and it has been explained to me by my attorney. I understand the offense(s) alleged in the petition, and I understand the possible penalties that I face. 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 allegations against me and to have my rights explained; 2. the RIGHT to trial in front of a judge or the RIGHT to trial by jury, as permitted by law; 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 the understanding that any statement I make may be used against me, except any confidential statements I make to my attorney. With this knowledge and understanding, I give up the right to personally appear before the children’s court for first appearance and hereby deny the delinquent acts alleged 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 have explained to the child the possible penalties for the alleged offense(s), including [a commitment of up to two (2) years for a delinquent offense] [a commitment of up to the age of twenty-one (21) for a youthful offense]1. I am satisfied that the child understands the waiver of his or her rights. ___________________________ Attorney for Child ___________________________ Date APPROVED: _________________________ [ ] Children’s Court Judge [ ] Children’s Court Hearing Officer