Advisement of Rights
You have the following rights:
- To appear before a Judge;
- To be advised of the charge(s) against you and of the maximum penalty which may be imposed;
- To enter a plea of not guilty and have a trial by a judge, or a jury, if eligible;
- To hire an attorney to represent you, and/or, if eligible, to have an attorney appointed for you by the Court. DO NOT WAIT UNTIL YOUR TRIAL DATE TO ASK FOR AN ATTORNEY.
- To be presumed innocent of the charge(s), and if you plead not guilty, the prosecution must prove your guilt beyond a reasonable doubt;
- To confront at trial those witnesses called to testify against you and to cross examine (ask questions) those witnesses;
- To request a list of witnesses to be called by the City (at least 10 days before trial);
- To present evidence in your own defense at the trial and to compel the attendance of witnesses by subpoenas issued to you by the Court upon request;
- To testify or not to testify on your own behalf;
- To a trial by jury if granted by ordinance. You must file a written request within 21 days of entering your not guilty plea and pay a $25 jury fee. This fee may be waived by the judge due to indigence. If you do not file the written request and pay the $25 fee within the time allowed, you will have given up your right to a jury;
- To a reasonable continuance for arraignment upon showing of good cause;
- To appeal a finding of guilty after a trial;
- To enter a voluntary plea to the charges, not being influenced or coerced by anyone.
The maximum possible penalties in Municipal Court are a jail sentence of up to 180 days for certain criminal offenses and a fine of up to $2,650; however, if it is a domestic violence charge, the maximum jail sentence is 365 days.