YOUR RIGHTS IN COURT
(Adapted from the “Your Rights in Court” pamphlet) |
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| This may be the first time you have ever appeared in Court and it is for this purpose we inform you of your
RIGHTS AND OF COURT PROCEDURE.
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| This Court is convened to accept the pleas of those who have been arrested and charged with committing
misdemeanor violations within the jurisdiction.
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| You have already received a copy of the Complaint or Complaints which have been filed against you; therefore,
when your name is called, you are to come forward and have a seat at the defense table.
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| PLEAS |
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| You will be asked to enter one of three pleas. The pleas are as follows: |
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| 1. |
NOT GUILTY: |
This plea is a denial of guilt. If you enter this plea, your case will be set
for pre-trial or trial at a later date.
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| 2. |
GUILTY: |
This plea is a complete admission of guilt. If you enter this plea and are
found guilty, you will be permitted to make a statement prior to
sentencing. In most cases, sentencing will occur at the same time and day
that you enter a Guilty plea.
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| 3. |
NO CONTEST: |
This plea is not an admission of guilt, but is an admission of the truth of
the facts alleged in the COMPLAINT. This plea cannot be used against
you in any other legal proceeding. If you enter this plea and are found
Guilty, you will be permitted to make a statement prior to sentencing. In
most cases, sentencing will occur at the same time and day that you enter a
No Contest plea.
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| If you refuse to enter any of the above pleas, the Court will enter a plea of Not Guilty on your behalf, and your
case will be set for trial.
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| Before accepting your plea, the Court must inform you that you have the following rights: |
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| 1. |
The right to know and understand the charge or charges against you, and the maximum penalties
for the charged offenses. To help you, the penalties are reviewed in greater detail at the bottom
of this document.
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| 2. |
The right to counsel. |
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| 3. |
The right to be represented by counsel at all critical stages of these proceedings, even if you
intend to plead Guilty.
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| 4. |
The right to a reasonable continuance to secure counsel. |
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| 5. |
The right to have counsel assigned to you without cost if you are “indigent” and if jail is a
possible sentence. You will be given information to contact the Public Defender’s Office to fill
out an application for court-appointed counsel to determine if you qualify for an attorney.
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| 6. |
The right to a Jury Trial in any case where a jail sentence is possible. A demand for Jury Trial
must be in writing and filed with the Clerk along with a fee not less than ten days before Trial.
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| 7. |
The right to waive a Jury Trial and have your case tried before a Judge. Failure to properly
demand a Jury Trial will result in your case being tried before a Judge.
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| 8. |
The right to remain silent and make no statement at any point in the proceeding. Any statement
made may be used against you.
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| 9. |
The right to confront the witnesses against you. |
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| 10. |
The right to present witnesses and have the Court subpoena witnesses on your behalf. |
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| 11. |
The right to bail. |
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| 12. |
If you are convicted of a traffic violation, a record of the conviction will be sent to the Bureau of
Motor Vehicles and become a part of your driving record.
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| 13. |
If you are not a citizen of the United States, you should be advised that a conviction may result
in deportation, exclusion from admission to the United States, or denial of naturalization
pursuant to the laws of the United States.
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| Penalties |
Fines |
Jail |
| Misdemeanor 1 |
$0.00 - $1,000.00 |
0 - 6 months |
| Misdemeanor 2 |
$0.00 - $750.00 |
0 - 90 days |
| Misdemeanor 3 |
$0.00 - $500.00 |
0 - 60 days |
| Misdemeanor 4 |
$0.00 - $250.00 |
0 - 30 days |
| Minor Misdemeanor |
$0.00 - $100.00 |
NONE |
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| Penalties for Contempt |
Fines |
Jail |
| 1st offense |
$0.00 - $250.00 |
0 - 30 days |
| 2nd offense |
$0.00 - $500.00 |
0 - 60 days |
| 3rd offense |
$0.00 - $1,000.00 |
0 - 90 days |
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| Penalties for OVI |
Fines |
Jail |
| 1st offense |
$250.00 - $1,000.00 |
3 days - 6 months |
| 2nd offense |
$350.00 - $1,500.00 |
10 days - 6 months |
| 3rd offense |
$550.00 - $2,500. |
30 days - 1 year |
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| Note: There are mandatory license suspensions for OVI offenses. |
