Rights, Instructions & Waiver Form

Rights, Instructions & Waiver Form
Arraignment Purpose: 1. Inform you of the charges filed against you. 2. Advise you of your rights. 3. Advise you of the maximum penalties you can be sentenced to. 4. Have you enter a plea to each charge that has been filed against you.

Rights

1. You have the right to an attorney at this arraignment, at all court proceedings and prior to answering any questions. If you qualify, and there is a possibility of a jail sentence the court may appoint an attorney for you at no cost to you.
2. You have the right to represent yourself. If you do so, the court cannot advise you on how to handle your case and you will be required to comply with technical legal rules. There may be disadvantages to proceeding without an attorney. For any future hearings you must: 1.) Represent yourself: 2.) Hire an attorney; or 3.) If you cannot afford an attorney, request a court-appointed attorney. Failure to exercise of option 2 or 3 will be treated as an implied waiver of your right to counsel.
3. You have the right to a speedy public trial before an impartial Judge or jury. If you want a jury trial, you must make a written demand at least 10 days prior to trial.
4. You have the right to confront and cross-examine the prosecution witnesses in an open court.

5. You have the right to call witnesses to testify on your behalf and compel by subpoena their attendance and testimony. If you cannot pay for the attendance of witnesses, the prosecution will pay those costs.

6. You have the right to testify on your behalf. Any statement you make may be used against you. You have the right to remain silent. The court will not presume you are guilty if you do not testify.

7. You are presumed innocent until: 1) You plead guilty; or 2) the prosecution proves you guilty by proving each element of the crime(s) you are charged with beyond a reasonable doubt. A jury verdict must be unanimous.

8. You have the right to bail. If you post bail, you will be released on: 1) the condition you appear in court for future proceedings; and 2) any other conditions the court imposes. Bail may be modified by filing a proper motion with the court.

Entry of a plea: You may enter the following plea:
1. Not Guilty
2. Guilty
3. No Contest (A no contest plea means you do not challenge the charge. It is still a conviction and carries the same penalty as a guilty plea)

If you plead guilty or no contest these rights are waived, and your plea constitutes and admission of all elements of the crime and you give up the right to a Trial, confront any witnesses that may testify against you and to have witnesses testify for you.

RIGHT TO APPEAL: You have the right to appeal; you must file a written notice of appeal within 28 days of the sentence or order you are appealing.

PENALTIES {MINIMUM/MAXIMUM SENTENCES): Class B misdemeanor (0 days to 6 months in jail and/or fines and surcharges of $0 to $1,940, plus interest) Class C misdemeanor (Oto 90 days in jail and/or fines and surcharges of $0 to $1050, plus interest); Infraction (No jail,$ Oto $1050 fines and surcharges, plus interest.)

I have read and understand my rights and the instructions explained above. I understand the charge(s) and penalties. Any plea I enter is voluntary and of my own free will and choice. No force threats, or unlawful influence have been made to get me to plead. I voluntarily, knowingly and intelligently waive my right to an attorney. I do not want an attorney. I want to represent myself.