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Statement of Rights – Misdemeanor
- Right to Know Charge: You have the right to know the charges against you and to have the complaint read to you. You also have the right to a reasonable amount of time, not less than one day, within to answer the charges against you.
- Right to Attorney: You have the right to the assistance of an attorney at every step of the proceedings. If you want to speak to an attorney, ask the judge to continue the arraignment so you can hire an attorney.
- Right to Reasonable Bail: You have the right to be released on reasonable bail. In some instances, you may be released on your own recognizance, where you sign an agreement to return to court whenever ordered. Willful failure to appear is a misdemeanor.
- Right to Speedy Trial: You have the right to have your trial:
a. Within 30 days from the date of your arraignment if you are
in custody.
b. Unless:
i. The court determines good cause, or
ii. You give up your right to have the trial heard within the time period.
c. The case must be tried within 10 days of the agreed
rescheduled date, should there be one.
d. You have the right to a dismissal of all charges in that
case if the above time conditions are not satisfied.
- Right to Public Trial by Jury: You have the right to a public trial by jury. However, you may give up your right to the jury trial and have a court trial, where the judge will hear all evidence.
a. Rights During trial: Regardless of whether you have a trial by jury or by judge, you have the right to the following:
i. Attorney Present: You have the right to have an attorney present during
your trial.
ii. Confront and cross-Examine Witnesses: You have the right to watch
their testimony and ask them questions about it.
iii. Subpoena Witnesses: You have the right to make witnesses appear in
court and present evidence about their testimony.
iv. Right to Testify: You have the right to testify yourself.
v. Right to Remain Silent: You have the right to remain silent. If you do
not testify, your silence cannot be used against you. if you testify, you
may be cross-examined about your testimony.
vi. Appeal: You have the right to appeal from a final judgment of
conviction and from any order made after judgment affecting your
substantial rights.
b. Right to Know Maximum Penalty upon Conviction: The maximum penalty
for some misdemeanors is one year in county jail and/or 1,000.00 fine.
However, the maximum penalty for most misdemeanors is six months in jail
and/or $1000.00 fine. The court may also impose probation, order you to pay a
restitution fee, and/or all statutory fees assessed.
- Right to Enter Plea: You have the right to enter any of the following pleas: Guilty, not guilty no contest (subject to court approval), former judgment, once in jeopardy and not guilty by reason of insanity. If you deny the charges, your case will be set for a pre-trial settlement conference with a district attorney and for trial if it is not settled. If you plead guilty, you admit the charges, and you will be sentenced. If you plead no contest, you will also be sentenced as if you had pled guilty, but the plea may not be used as an admission in any civil suit based on the act upon which the criminal prosecution is based.
If you plead guilty or no contest, you give up you constitutional rights as set forth
above and have the right to be sentenced not less than six hours nor more than
five days thereafter, unless you agree to an immediate sentence.
- Right to be Sentenced by a Judge of the Court: Failure to object to a commissioner will be deemed acceptance of the commissioner as temporary judge for this hearing or trial.
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