Advisement of Rights
The following is an explanation of your rights in this court:
- You are presumed innocent.
- You have the right to be represented by an attorney at all stages of your court appearance. You may request that this arraignment be continued for a reasonable period of time so that you may retain a lawyer.
- You have the right to remain silent. Any statement you make must be voluntary on your part. Any statement you make is being recorded and can be used against you at a later time.
- You may enter a plea of guilty or not guilty. If you plead guilty, you give up the right to require the prosecution to prove your guilt beyond a reasonable doubt, to cross-examine witnesses against you, to present evidence, and your right against self-incrimination. Any plea you make must be voluntary and not the result of undue influence or coercion on the part of anyone.
- I acknowledge that I have read and understand the elements of the offense stated in the Advisement of Elements of Charge. I understand that the prosecution would have to prove each and every element of the offense beyond a reasonable doubt.
- If you plead not guilty, you have the right to have a trial to a judge or in certain cases to a trial to a jury. To obtain a jury trial, you must request a jury in writing and post a $25 jury deposit within 21 days after entry of a plea. The jury shall consist of three persons unless a greater number is requested, not to exceed six.
- You have the right to a public and speedy trial which means a trial within 91 days from today's date unless you request an extension of that period.
- You have the right to cross-examine or question all witnesses who appear against you. You have the right to present a defense, but you are not required to do so.
- The court will issue subpoenas for you, without expense on your part, to command the attendance of witnesses to appear in court and give testimony for you. The court clerk will prepare the subpoenas but will not serve the subpoenas for you.
- You have the right to testify or not to testify on your own behalf at your trial. If you do not testify, no inference of guilt will be drawn from that. If you do testify, you may be cross-examined by the prosecutor.
- If you are convicted at your trial, you have the right to appeal the conviction to a higher court within 35 days after sentencing.
- If you plead guilty or are found guilty, the court will impose a penalty. The possible penalties are a fine not to exceed $2,650.
- Pursuant to C.R.S. Section 24-72-7025, under certain circumstances, you may have the right to seal your case if found not guilty or if the case was dismissed. Pursuant to C.R.S. Section 19-1-306, if you were a juvenile at the time of the offense and under certain circumstances, you may have the right to expunge your case if found not guilty or if the case was dismissed.
For more information, call the Cañon City Municipal Court at 719-276-5601.