Your Rights in Municipal Court
- The right to be presumed innocent unless and until the municipal prosecutor proves beyond a reasonable doubt each element of the charge(s) against you.
- The right to be represented by an attorney. If you cannot afford an attorney, the court will appoint one to represent you, provided you qualify on a financial need basis and the municipal prosecutor requests a jail sentence if you are convicted of the charge(s).
- The right to a continuance for any good and sufficient reason. If you desire a continuance, you must expressly request one of the court.
- The right to a trial before the court sitting alone. Or, if the possible penalty on any charge against you is a fine of more than $500 and imprisonment of more than six months, you have the right to a trial before a jury of peers. For a trial by jury, you must make a written demand and pay a $25 nonrefundable jury fee within 20 days of your plea of not guilty.
- The right to a public and speedy trial within 90 days of the entry of a not guilty plea unless the delay is requested or caused by you or necessitated by congestion of the court docket.
- The right to have subpoenas issued by the court to compel the attendance of witnesses on your behalf.
- The right to cross-examine any witness called to testify against you.
- The right to remain silent; your silence may not be used against you.
- The right to present any evidence relevant to the charge(s) and the right to present no evidence at all.
- The right to appeal any conviction on the original charge(s).
Any guilty plea you make must be a free and voluntary act on your part and not the result of any undue influence or coercion by anyone. If you plead guilty to the original or amended charge(s), you understand you will have waived all the rights specified within this advisement.
Further, by pleading guilty to the original or amended charge(s), you understand you will be admitting all of the elements the municipal prosecutor would have had to prove in order to obtain a conviction against you.
For more information, call the Municipal Court, 303-663-6123.