SRCR012958 PDF

Complaint
Item
STATE OF IOWA, COUNTY OF SAC
STATE OF IOWA
Before (Judge, Magistrate)
Vs.
Criminal Case No
Defendant
Anthony Jon Bachman
Complaint Serious Misdemeanor
Date of Birth 06/04/1969

The defendant is accused of the crime of Driving While Revoked in violation of (Section
321 J.21 of the Code of lowa) or Ordinance No.
of the City of
, in that the
defendant on the 10th day of October, 2015, at highway 175/Rolf avenue Lake View, la
in Sac County did: Operate a motor vehicle with a revoked drivers license.
(State acts or omissions constituting offense)
Dated 10-10-2015
Aiex Ladwig
Complainant:
Statutory Reference 804.1 Code of lowa
Address Lake View P.D
STATE OF IOWA,
COUNTY OF SAC, ss.
I, the undersigned, being duly sworn and under oath, state that the following facts
known by me or told to me by the other reliable persons form my belief that Anthony
cc
3
Bachman the defendant committed the crime charged.

On 10/10/2015 at approximately 03:09, I officer Ladwig observed a maroon Equinox
waiting behind other vehicles at the stop sign of 175/Rolf As I was turning off of 175
onto Rolf avenue, I noticed the driver Anthony Bachman who known to me to have a
revoked drivers license. After running the vehicles plate, and confirming AB had a
o
cc
revoked license I intiated a traffic stop on Rolf avenue and 320th. Anthony was arrested
for driving while revoked and transfered to the Sac County Jail.
Signature
Subscribed and sworn to before me by the said
, Complainant, on thelfllh-daxof,
October 2015.
Clerk/6r Notary Public inirie State of lo\
K A n p N ELIZABETH KIME
Commtaion N u m f w 77/584
MY COMMISSION EXPIRES
WAflCH21.2Qjj^
(Ms.
E-FILED 2015 OCT 12 10:49 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA
Plaintiff
02811 SRCR012958
VS
ANTHONY JON BACHMAN
ORDER
Defendant
The court contacted the jailer by telephone and authorized the release of the defendant on his
promise to appear with a first appearance date on October 20, 2015 at 9:00 am.
1 of 2
State of Iowa Courts

Case Number
SRCR012958
Type:
Case Title
STATE VS ANTHONY JON BACHMAN
OTHER ORDER
So Ordered
Electronically signed on 2015-10-12 10:48:50
2 of 2
E-FILED 2015 OCT 12 1:42 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA
02811 SRCR012958
Plaintiff
vs.
ORDER
ANTHONY JON BACHMAN
Defendant
BE IT REMEMBERED this matter came before the Court for initial appearance.
THE COURT FINDS that Defendant fails to appear.
IT IS THEREFORE ORDERED that A warrant shall issue for his arrest with the standard bond
amount from the bond schedule.
Clerk to provide copies to:

County Attorney
Defense Counsel/Defendant
1 of 2

Case Number
SRCR012958
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2
E-FILED 2015 OCT 20 8:50 PM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
Plaintiff,
Case No: 02811 SRCR012958
vs.
ANTHONY JON BACHMAN ,
Defendant.
ORDER ON INITIAL APPEARANCE
Charges:
01 - 321J.21 - DRIVING WHILE LICENSE DENIED OR REVOKED
Upon review of the complaint and accompanying affidavits, the court finds:
That there is probable cause to believe that the defendant has committed the offense(s) listed above.
The nature of the charge(s) is that it is a:
Serious Misdemeanor. This charge ordinarily carries a fine of not less than $315 and not to exceed
$1,875 except in the case of possession of marijuana which carries a maximum fine of $1,000 and
first offense operating while intoxicated which carries a minimum fine of $1,250. In these cases a
defendant can be sentenced to up to one year in the county jail except for possession of marijuana
which carries a maximum sentence of six months in jail. In the cases of conviction for possession
of marijuana or first offense operating while intoxicated there is a minimum 48 hour jail sentence.
Anyone whose blood alcohol content exceeds 0.150 is not eligible for a deferred judgment. Conviction
of this offense will result in loss of your operator's license for a period of and you cannot qualify for a
work permit for days.
In the event that a fine is imposed there will also be a 35% surcharge added plus court costs.
RECITATION OF RIGHTS:
You have the absolute right to remain silent. Anything you say will be used against you.
You are presumed by law to be innocent of the offense(s) charged unless found guilty by proof
beyond a reasonable doubt.
You have the right to be represented by an attorney and one will be appointed for you if you
qualify. You must fill out an application if you want court appointed counsel.
1 of 4
MANDATORY SUBSTANCE ABUSE EVALUATION:

You are ordered to complete a substance abuse evaluation immediately AT YOUR EXPENSE at:
New Opportunites, Sac City, 712-662-7921
Compass Point, Storm Lake, 712-732-5136
or at a facility of your choosing with a copy to be sent within 30 days to the Sac County Clerk of Court
at 100 NW State St., Ste. 12, Sac City, IA 50583.
YOU ARE NOTIFIED THAT THIS IS MANDATORY AND YOUR FAILURE TO COMPLY WILL
RESULT IN INSSUANCE OF AN ARREST WARRANT AND REVOCATION OF ANY PRETRIAL
RELEASE.
TERMS OF RELEASE:
You will be released from custody prior to trial on your own promise to appear at all further court
proceedings. If you willfully fail to appear before the court as required, you shall be guilty of a D
Felony/Serious Misdemeanor. During your release:
You shall not consume any alcohol or illegal drugs during the pendency of this matter.
You shall not drive while your license is suspended.
You must obey all the laws of Iowa and the United States.
Upon consideration of the factors in Iowa Code section 811.2, the court is not reasonably assured
that you will appear at all court proceedings in the future and therefore the court imposes the following
conditions on your release:
You shall not consume any alcohol or illegal drugs during the pendency of this matter.
You shall not drive while your license is suspended.
You must obey all laws of Iowa and the United States.
You must post a bond in the amount of $.
DEFENDANT MAY OBTAIN A BOND REVIEW WITHIN 48 HOURS BASED ON A WRITTEN
REQUEST.
PRELIMINARY HEARING
Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine
whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior
to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial
Information may be filed by the County Attorney in this county.
The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is:
2 of 4
Preliminary Hearing is scheduled on 11/10/2015 at 10:00 AM at the Sac Co. Courthouse,

100 NW State St., Sac City, Iowa. in the magistrate courtroom.
If a preliminary hearing date has been set, you should contact the county attorney at
712-662-4791 before attending this hearing to determine whether or not it will be held.
IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOU
MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROM
THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10
DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS
CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED.
If you need assistance to participate in court due to a disability, call the disability coordinator at (641)
421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).
Disability coordinators cannot provide legal advice.
Copies to:
County Attorney
Defendant
Sac County Sheriff
3 of 4

Case Number
SRCR012958
Type:
Case Title
HEARING FOR INITIAL APPEARANCE
So Ordered
4 of 4

STATE OF IOWA,
Plaintiff,
vs.
CRIMINAL CAUSE NO. SRCR012958
TRIAL INFORMATION
ANTHONY JON BACHMAN,

DOB: 06/04/1969,
Defendant.
COUNT I
COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and in
the name and by the authority of the State of Iowa, accuses Defendant, Anthony Jon Bachman
of the crime of DRIVING WHILE LICENSE WAS DENIED OR REVOKED UNDER CHAPTER
321J, a Serious Misdemeanor in violation of Iowa Code Section 321J.21 committed as follows:
The said Defendant, Anthony Jon Bachman, on or about October 10, 2015 in the
County of Sac and State of Iowa, did unlawfully and willfully drive a motor vehicle while his
motor vehicle license was denied or revoked under Iowa Code Chapter 321J.
A TRUE INFORMATION
Prosecuting Attorney
Sac County Attorney, Benjamin John Smith
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
Email: attorney@saccounty.org
THE STATE OF IOWA vs. ANTHONY JON BACHMAN

Criminal No. SRCR012958
COUNT I: Driving While License was Denied or Revoked Under Chapter 321J
NAMES OF WITNESSES:
ALEX LADWIG, OFFICER, LAKE VIEW POLICE DEPARTMENT
KIM SNOOK, DIRECTOR-OFFICE OF DRIVER SERVICES, IOWA DEPARTMENT OF
TRANSPORTATION

Type:
Approval of Trial Information
Case Number
SRCR012958
Case Title
On this date, I have reviewed the attached Trial Information and the accompanying Minutes
of Testimony and find that they contain evidence which, if unexplained, is sufficient to
warrant a conviction by a trial jury. Being satisfied from the showing made that the case
should be prosecuted, I approve the Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered
page 3 of 3
Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND
Defendant.
The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been
examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a
conviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved.
IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment is
scheduled on 11/04/2015 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to such
hearing.
In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment
under Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment.
Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to show
cause or the issuance of a warrant for arrest.
IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shall
remain in effect and the defendant shall obey all Federal, State and Local Laws.
Clerk to provide notice or copies to:

County Attorney
Defendant/Defense Attorney

Type:
ORDER FOR ARRAIGNMENT
Case Number
SRCR012958
Case Title
So Ordered
page 2 of 2
E-FILED 2015 NOV 05 3:17 PM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
No. SRCR012958
Plaintiff,
v.
MOTION TO CONTINUE
ARRAIGNMENT

Defendant.
COMES NOW, the State of Iowa, through the Sac County Attorney, Ben
Smith, and states the following:
1. That Defendant failed to appear for his arraignment, which was
scheduled for November 4, 2015.
2. That on October 27, 2015, Defendant was mailed a copy of the order
scheduling his arraignment for November 4, 2015.
3. That it is possible Defendant had not yet received a copy of the order
setting arraignment prior to November 4, 2015.
4. That Defendants arraignment should be continued to the next
available court service day.
WHEREFORE, for the reasons stated above, the State respectfully
requests that the Court grant the States Motion and order such other relief the
Court deems just and equitable in the premises.
STATE OF IOWA
_______________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City, IA 50583
Telephone: 712-662-4791
Attorney@saccounty.org
E-FILED 2015 NOV 06 9:02 AM SAC - CLERK OF DISTRICT COURT

02811 SRCR012958
STATE OF IOWA,
Plaintiff,
v.
ORDER RESCHEDULING ARRAIGNMENT

Defendant.
The arraignment currently scheduled in this matter needs to be rescheduled.

The State requests a continuance of the arraignment. The request is granted.
IT IS, THEREFORE, ORDERED that the Arraignment is scheduled on 11/18/2015
at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unless a written
arraignment and plea of not guilty document in a form substantially similar to that set
forth in Rule 2.37 - Form 6 of the Iowa Rules of Criminal Procedure is on file with the
Clerk of Court on or before the time set for arraignment, Defendant shall personally
appear at the date, time, and place set forth above for Defendant's arraignment.
Clerk to Send Copies to:
County Attorney
Defendant
Defense Counsel
1 of 2
E-FILED 2015 NOV 06 9:02 AM SAC - CLERK OF DISTRICT COURT

Case Number
SRCR012958
Type:
Case Title
ORDER FOR CONTINUANCE
So Ordered
2 of 2

STATE OF IOWA,
PLAINTIFF
NO. SKemffiS?
APPLICATION TO WAIVE
ATTORNEY AND PROCEED (PRO SE)
DEFENDANT
In support of my application to waive attorney I state:

1.
I know I have a right to be represented by an attorney in this case

and that if I cannot afford to hire an attorney, the Court would appoint
counsel for me, without any initial costs on my part. I further realize
that I would ultimately have to reimburse the State for those expenses.
2.
I know that an attorney would represent my interest in all court
proceedings and would be available to answer questions for me. I am
aware that there may be defenses to the charges against me that I as a
non-lawyer may not be aware of. I know a lawyer would give me the
opportunity to obtain an independent opinion on how to proceed and
defend the case against me.
3.
I know the County Attorney and his staff do not represent me but
rather are responsible for prosecuting me. I know that I cannot rely
upon the County Attorney for legal advice.
4.
Having considered my right to counsel, together with the risk and
disadvantages of proceeding without an attorney, I want to represent
myself and I want to waive my right to an attorney.
Defendant
Rule 2.32 - Form 1: Financial Affidavit and Application

for AppQintrnt-i,
Appointment of Counsel
Uwn jor
u>ci
UJ
In the lowa District Court for
JpC
Countv
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Ah IQ:
State of lowa or
Plaintiff/Petitioner,
Financial Affidavit and Application for

Appointment of Counsel
Defendant/Respondent.
In
in support
support of
ot my
my application
application for
tor :appointment of counsel, and under penalty of perjury, the undersigned states:
V Name:
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(L^L
Home phone:
Date of birth:
^ / ^ / ^ f
Cell phone: ( 7 l ? ) 2 f ' 7 - Q l Z J Email:
Street address: (jSO
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Street/P.O. Box
Pending charges: b>ri

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Who do you work for?

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How much money do you currently make, before taxes or deductions?^ J ? , WO
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n o u r
^ month
How much money have you made in the last 12 months from any source, before taxes or deductions?
How many family members are supported by or live with you?
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List all other money you, and anyone else living in your household, has coming in: - ~2 70&
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List what you own, including money in_banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $100:
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List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, and any other debts:
I understand I may be required to repay the state for all or part of my attorney fees and costs, I may be required
to sign a wage assignment, and I must report any changes in the information submitted on this financial
affidavit. I promise under penalty of perjury that the statements I make in this application are true, and that I
am unable to pay for an attorney to represent me.
<
Date hJ/oJfX
Signature
09
STATE OF IOWA,
PLAINTIFF,
VS.
02811 SRCR012958
ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL
DEFENDANT.
The defendant has made application for appointment of counsel at public expense.
Based upon the information provided by the defendant, the Court finds as follows:
The Defendant is not eligible for court-appointed counsel. Application denied.
1 of 2

Case Number
SRCR012958
Type:
Case Title
ORDER APPOINTING
So Ordered
2 of 2
E-FILED 2015 DEC 02 8:49 AM SAC - CLERK OF DISTRICT COURT
STATE OF IOWA ,
Plaintiff(s),
vs.

Order Setting Hearing

Defendant(s).
This matter was scheduled for arraignment for November 18, 2015. Written arraignment has not been
filed. Arraignment should be rescheduled and Defendant shall appear personally.
IT IS ORDERED that a Hearing is scheduled on 12/16/2015 at 9:00 AM at the Sac Co. Courthouse,
100 NW State St., Sac City, Iowa.
1 of 2

Case Number
SRCR012958
Type:
Case Title
ORDER SETTING HEARING
So Ordered
2 of 2

02811 SRCR012958
STATE OF IOWA,
Plaintiff,
v.
ORDER RESCHEDULING ARRAIGNMENT

Defendant.
On today's date, Defendant was scheduled to appear for arraignment.

The Court finds that the arraignment should be rescheduled.
IT IS, THEREFORE, ORDERED that the Arraignment is scheduled on 01/06/2016
at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unless a written
arraignment and plea of not guilty document in a form substantially similar to that set
forth in Rule 2.37 - Form 6 of the Iowa Rules of Criminal Procedure is on file with the
Clerk of Court on or before the time set for arraignment, Defendant shall personally
appear at the date, time, and place set forth above for Defendant's arraignment.
Clerk to Send Copies to:
County Attorney
Defendant
Defense Counsel
1 of 2

Case Number
SRCR012958
Type:
Case Title
So Ordered
2 of 2
E-FILED 2016 JAN 11 10:16 AM SAC - CLERK OF DISTRICT COURT
STATE OF IOWA,
Plaintiff / Petitioner,
vs.
02811 SRCR012958
ORDER OF CONTINUANCE

Defendant / Respondent.
The Defendant did not appear for Arraignment and has not filed a Written Arraignment in this matter.
Upon application of the parties and for good cause:
This matter is continued, Arraignment is scheduled on 01/20/2016 at 9:00 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa.
Copies to:
Plaintiff / Plaintiff's Attorney
Defendant / Defendant's Attorney
1 of 2

Case Number
SRCR012958
Type:
Case Title
So Ordered
2 of 2

STATE OF IOWA,
Case No. SRCR012958
Plaintiff,
vs.
ORDER
Defendant.
NOW, on this 20th day of January, 2016, the court is in receipt of the States oral
Motion to Dismiss this case as outlined in the plea agreement set forth in Case No.
SRCR012912.
IT IS THEREFORE ORDERED that the States Motion to Dismiss is granted.
This case is dismissed and costs are taxed to the Defendant.
IT IS FURTHER ORDERED that the Defendant is advised pursuant to Iowa
Code Section 901C.1(6), that the record of this criminal case shall be expunged if the
Defendant establishes the criteria for expungement as outlined in Iowa Code Section
901C.1(2).
Clerk to furnish copies to:

Sac County Attorney
Defendant

Type:
OTHER ORDER
Case Number
SRCR012958
Case Title
So Ordered
page 2 of 2

SRCR012958 PDF

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Complaint

Before (Judge, Magistrate)

Date of Birth 06/04/1969

Statutory Reference 804.1 Code of lowa

Address Lake View P.D

Bachman the defendant committed the crime charged.

E-FILED 2015 OCT 12 10:49 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

E-FILED 2015 OCT 12 10:49 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2015-10-12 10:48:50

E-FILED 2015 OCT 12 1:42 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 OCT 20 9:21 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

Clerk to provide copies to:

E-FILED 2015 OCT 20 9:21 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2015-10-20 09:20:26

E-FILED 2015 OCT 20 8:50 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 OCT 21 10:33 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

ORDER ON INITIAL APPEARANCE

E-FILED 2015 OCT 21 10:33 AM SAC - CLERK OF DISTRICT COURT

MANDATORY SUBSTANCE ABUSE EVALUATION:

E-FILED 2015 OCT 21 10:33 AM SAC - CLERK OF DISTRICT COURT

Preliminary Hearing is scheduled on 11/10/2015 at 10:00 AM at the Sac Co. Courthouse,

E-FILED 2015 OCT 21 10:33 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2015-10-21 10:33:43

E-FILED 2015 OCT 27 9:44 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

CRIMINAL CAUSE NO. SRCR012958

ANTHONY JON BACHMAN,

E-FILED 2015 OCT 27 9:44 AM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. ANTHONY JON BACHMAN

E-FILED 2015 OCT 27 9:44 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Approval of Trial Information

Electronically signed on 2015-10-27 09:45:32

E-FILED 2015 OCT 27 9:44 AM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

Case No: 02811 SRCR012958

ANTHONY JON BACHMAN ,

Clerk to provide notice or copies to:

E-FILED 2015 OCT 27 9:44 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

ORDER FOR ARRAIGNMENT

Electronically signed on 2015-10-27 09:45:32

E-FILED 2015 NOV 05 3:17 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

ANTHONY JON BACHMAN,

E-FILED 2015 NOV 06 9:02 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

ORDER RESCHEDULING ARRAIGNMENT

The arraignment currently scheduled in this matter needs to be rescheduled.

E-FILED 2015 NOV 06 9:02 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2015-11-06 09:01:03

IOWA DISTRICT COURT FOR SAC COUNTY

In support of my application to waive attorney I state:

I know I have a right to be represented by an attorney in this case