ADVISEMENT OF RIGHTS
- You have the right to remain silent and not talk about your case. If you give up your right to remain silent, anything you say to anyone can be used against you in Court.
- You have the right to have a lawyer. If you cannot afford to hire a lawyer and you qualify under the Supreme Court guidelines, the Court will appoint a lawyer to represent you free; however, you are only entitled to Court appointed counsel if you are at risk of receiving a jail sentence.
- You have the right to have a reasonable bail set to guarantee your appearance at future court dates, if you are presently incarcerated in the Detention Center or the County jail.
- You have the right to plead not guilty and to have a trial. The trial may be a trial to the Court or a trial to jury. A trial to jury may be a jury of a minimum of three (3) jurors or a maximum of six (6) jurors, as long as the right to a trial by jury is granted by statute or ordinance. If you desire a trial by jury, you must make the request in writing within twenty (20) days of today’s appearance and include a jury fee of $25. In addition, you must specify the number of jurors you wish at the time you make the request or you will be tried by a jury of three (3) automatically. There is no jury trial right for juveniles or persons accused of traffic infractions including photo red light and parking tickets.
- At a trial, you have the right to be presumed innocent. You do not have to prove anything. To convict you of the municipal ordinance violation charged, the City Attorney, Police Officer, or complaining witness prosecuting the case would have to prove beyond a reasonable doubt that you in fact committed the municipal ordinance violation charged.
- At a trial, you or your lawyer have the right to cross-examine or question the witnesses that are against you. You have the right to testify or not testify. You have the right to present evidence on your own behalf. You have the right to subpoena or force witnesses to appear and testify for you. You have the right to appeal to a higher court any decision made at a trial.
- If you plead guilty or no contest, it must be your choice, done freely, voluntarily, and not the result of any undue influence, pressure, coercion, or force by anyone. If you plead guilty or no contest, you will be giving up all of the rights just mentioned, including any right to appeal.
- A plea of guily or no contest will result in a conviction for the offense charged. If the offense is a traffic infraction, points may be assessed against your drivers license.
- If you are not a citizen of the United States, you are advised that a conviction may have the consequences of deportation, exclusion from admission to the U.S. or denial of naturalization pursuant to the laws of the United States. Consulting with an attorney is recommended prior to entering a plea of guilty or no contest.