Form 9-104. Waiver of appearance.

[For use with District Court Rule 5-612 NMRA; Magistrate Court Rule 6-109 NMRA, Metropolitan Court Rule 7-109 NMRA and Municipal Court Rule 8-108 NMRA.] STATE OF NEW MEXICO [COUNTY OF _______________] [CITY OF _________________] IN THE __________________ COURT No. ______________ [STATE OF NEW MEXICO] [CITY OF _______________________] v. ________________________________ WAIVER OF APPEARANCE I understand that I am charged with the following criminal offense or offenses under the law of the [State of New Mexico] [City of ______________]: _______________________ (list all offenses charged). I understand that I am entitled to personally appear before the court at every stage of the criminal proceedings. I have received and read a copy of the complaint or citation or had the complaint or citation read to me. I understand the offense or offenses charged and the penalty provided by law if I am convicted. After reading and understanding the above, I request that the court permit me to waive a personal appearance in court for the following proceedings: (check applicable boxes) [ ] all proceedings in this case; [ ] all pretrial proceedings; [ ] arraignment; [ ] plea; [ ] bail or conditions of release; [ ] trial; [ ] imposition of sentence. [ ] __________________ (other). I plead to all of the charges in the complaint or citation: (check one, if applicable) [ ] guilty. [ ] not guilty. [ ] no contest. _________________________________ Signature of defendant CERTIFICATE OF DEFENSE COUNSEL (To be completed if the defendant is represented by counsel) I have explained to the defendant the right to personally appear before the court at all stages of the criminal proceedings and the defendant's right, if any, to a trial by jury and I am satisfied that the defendant understands the waiver of rights. _______________________________ Defense counsel _________________________________ Date APPROVAL OF JUDGE Permission to waive appearance is [ ] granted under the following conditions ______________________________ (list any conditions). [ ] denied. ________________________________ Judge ________________________________ Date