What are my rights?
Under our American system of justice, all persons are presumed to be innocent until proven guilty. The State must prove you guilty of the offense with which you are charged “beyond a reasonable doubt”. Every criminal defendant has the right to remain silent and refuse to testify (without consequences). You have the right to retain an attorney and have them try your case or answer your questions. Since offenses in this court are punishable only by fine and not by incarceration, you do not have the right to appointed counsel.
You have the right to a jury trial. You may also waive a jury trial and have a trial before the judge, commonly called a bench trial. At trial you have many rights including:
- The right to have notice of the complaint not later than the day before any proceedings;
- The right to inspect the complaint before trial, and have it read to you at the trial;
- The right to hear all testimony introduced against you;
- The right to cross-examine witnesses who testify against you;
- The right to testify in your own behalf;
- The right not to testify. Your refusal to do so may not be held against you in determining your innocence or guilt; and
- You may call witnesses to testify in your behalf at the trial, and have the court issue a subpoena (a court order) to any witnesses to ensure their appearance at the trial.
In addition to your rights, you also have some legal responsibilities. The law requires you to make an appearance on your case. Your appearance date is noted on your citation, bond, summons or release papers. You or your attorney may appear in person in open court, by mail, or you may deliver your plea in person to the court. (Juveniles have a separate set of rules for their appearance).
Your first appearance is to determine your plea. If you waive a jury trial and plead guilty or no contest you may present extenuating circumstances for the judge to consider when setting your fine. If you plead not guilty, the court will schedule a jury trial. You may waive a jury trial and be set for trial before the court. When you make your appearance by mail, the court must receive your plea before your scheduled appearance date. If you plead not guilty, the court will notify you of the date of your trial.
If you plead guilty or no contest, you waive your right to a jury trial. You may request the amount of fine and appeal bond in writing and mail or deliver it to the court before your appearance date.
Posted in: Municipal Court