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  • DEFENDANT'S ADVISEMENT OF RIGHTS

  • DEFENDANT’S ADVISEMENT OF RIGHTS

    I am charged with a criminal offense that carries a possible jail sentence.  I understand that I have the following rights:

    1)  I am presumed innocent of any charge until the charge is proven beyond a reasonable doubt;

    2)  I have a right to a speedy trial.  If I am held in jail before trial, I must be brought to trial within 60 days after the date of my arraignment.  If I am released from jail before trial, I must be brought to trial within 90 days after the date of my arraignment;

    3)  I have a constitutional right to a jury trial unless I specifically give up that right by signing a jury trial waiver;

    4)  I have a right at trial to see, hear, and question all witnesses called to testify against me; 

    5)  I have a right to call witnesses on my behalf.  I may have the court subpoena witnesses to appear and testify at no prior expense to me;

    6)  I have a right to testify on my own behalf.  I also have a right to remain silent and not give testimony or present any evidence in my defense.  My silence cannot be used against me;

    7)  I have the right to be represented by a lawyer of my own choosing at all proceedings.  If, after I am screened, it is determined that I cannot afford an attorney, one will be appointed for me.  Even though I do not have an attorney at arraignment, I do not waive my right to an attorney at any later proceeding.  I understand that I may ask to screen for a public defender at the front counter;

    8)  If I feel like I cannot have a fair trial because of the bias or prejudice of a particular judge, I have the right to ask for a different judge within 10 days of actual notice of assignment to that judge.  I am only entitled to one change of judge;

    9)  I have the right of appeal from any Judgment of Guilty entered by this Court.  To begin the appeal, I must file a written Notice of Appeal in this court within 30 days of the Judgment;

    10)  If I plead Guilty, I give up all of the rights listed above except the right of representation by an attorney.

    I have read the above rights and understand them.

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