The following is an explanation of your rights in this court. Before you enter into a plea and appear before the Judge, you will have the opportunity to speak with the City Prosecutor. You do not have to speak with the City Prosecutor, but the purpose of that discussion is to explore a disposition or plea bargain in your case. If you do not want to enter into a plea bargain with the City Prosecutor, you have the right to plead Not Guilty and set your case for trial.
YOU HAVE THE FOLLOWING RIGHTS:
- To be presumed innocent of the charges, and if you plead not guilty, the prosecution must prove your guilt beyond a reasonable doubt.
- To be represented by an attorney at your own expense. You have the right to have this arraignment continued to obtain one. In certain cases, if you cannot afford an attorney one may be appointed to represent you.
- To a full explanation of the nature of the charges against you. If you do not understand what you are charged with, ask the Judge. The maximum sentence the court may impose on each charge is listed on the back of this form.
- To enter a plea that is voluntary and not the result of undue influence or coercion on the part of anyone. A plea of guilty means that you give up the right to require the prosecution to prove your guilt beyond a reasonable doubt. If you plead not guilty, you will have a trial to a Judge or, in certain cases, a trial to a jury. To obtain a jury trial, you must request in writing a jury trial and post a $25.00 jury deposit within 21 days after the arraignment or entry of a plea. The jury shall consist of three (3) persons, unless a greater number, not to exceed six (6), is requested. The jury deposit may be waived if you show that you are indigent.
- To testify or not testify on your own behalf. Your silence cannot be used against you. If you make any statement, it can and may be used against you. You have the right for the Court to issue subpoenas to compel witnesses to testify for you. You have the right to cross examine witnesses called to testify against you.
- To a speedy trial within 91 days of your arraignment date.
- To make a statement before any sentence is imposed upon you. You have the right to appeal a conviction within 35 days after the date of entry of the judgment or the denial of post-trial motions, whichever is later.
- To bail and to be advised as to the amount of bail set by the Court.
- If you are not a citizen of the United States, you are advised that a conviction of the offense for which you have been charged 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 nolo contendere.
Conduct in the Courtroom
All individuals in the courtroom are to remain seated and quiet while Court is in session. Court proceedings can be lengthy and tiring for young children. If possible, please arrange for child care. If you do need to bring them, they must remain quiet.
Bring any and all documentation you might need with you the day of court.
No pagers or cellular telephones or similar electronic devices are to be on at any time while court is in session. If your pager or cell phone should go off, you will be asked to turn it off or exit the building.
No food or drinks are allowed in the Courtroom. Please no chewing gum.
Fines / Payment
Representation / Legal Advice
Sealing of Records
Advisement Regarding Habitual Traffic Offender Act
Your driving privileges will be revoked for 5 years if, after a hearing, you are found to be a Habitual Traffic Offender after you accumulate guilty pleas or convictions of:
- Three major violations within a 7 year period, including Driving Under Restraint, Driving Under the Influence, Driving While Ability Impaired, Reckless Driving, False Affidavit or Swearing in Motor Vehicle Licensing matters, Vehicular Homicide, Vehicular Assault, Criminally Negligent Homicide, Aggravated Motor Vehicle Theft, and Failure to Render Aid in an accident involving death or injuries.
- 10 moving violations of 4 or more points in a 5 year period.
- 18 moving violations of 3 or less points in a 5 year period.