Form 9-104C. Waiver of appearance.

[For use with 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 [STATE OF NEW MEXICO] [CITY OF __________________] v. No. __________ _______________________________ 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 pretrial proceedings; [ ] first appearance; [ ] arraignment; [ ] entry of a plea of not guilty; [ ] bail or conditions of release; [ ] trial; [ ] imposition of sentence; [ ] _________________ (other). (check, if applicable) [ ] I plead not guilty to all of the charges in the complaint or citation. ________________________________ 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