Rights, Instructions, Waiver

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Defendant Information

Defendant *

Case Number *

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Paperless Consent

Paperless consent *

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I consent to receive all court documents, orders, and notices via email in lieu of postal mail. (URCrP Rule 3 and URCP Rule 5)

Pleas

You may plead: a) not guilty; b) not guilty by reason of insanity; c) guilty and mentally ill; d) guilty; or e) with the Court’s approval, no contest. A no-contest plea means you do not challenge the charge; it is still a conviction.

Rights

You have the right to be represented by an attorney. The court will appoint an attorney at no cost to you if you cannot afford an attorney and there is the possibility of a jail sentence for the offense. Later, you may have to pay for the appointed attorney’s service if the court determines you are able to do so.
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 hearing, you must represent yourself, hire an attorney, or request a court-appointed attorney by filing an affidavit at least 10 days before the proceeding. Failure to exercise option b or c will be treated as an implied waiver of your right to counsel.
You have the right to a speedy public trial before an impartial jury. If you want a jury trial, you must make a written demand at least 10 days prior to trial. You are not entitled to a jury trial if you are charged only with an infraction.
You have the right to confront and cross-examine the prosecution witnesses in open court.
You have the right to call witnesses and compel by subpoena their attendance and testimony.
You have the right to testify on your behalf. Any statement you make may be used against you. You may refuse to testify, and no one can make you testify or give evidence against yourself.
You are presumed innocent until you plead guilty or no contest, or the prosecution proves you guilty beyond a reasonable doubt.
You have the right to bail. If you post bail, you will be released on the condition you appear in court for future proceedings and any other conditions the court imposes.

Important: If you plead guilty or no contest, these rights are waived, and your plea constitutes an admission of all the elements of the crime.

Withdrawal of Plea and Right to Appeal

A motion to withdraw a guilty or no-contest plea must be made before you are sentenced or within 28 days of a plea held in abeyance. To withdraw your plea, you must show it was not knowingly and voluntarily made. The right to appeal is limited. If you choose to appeal, you must file a written Notice of Appeal within 28 days of the sentence or order from which you are appealing.

Sentencing

Sentencing recommendations are not binding on the court. The court may order the sentence to run consecutively with the charges in this case and with any other case.

Penalties

Class B Misdemeanor: 0 days to 6 months jail, $0 to $1970 fines and surcharges, plus interest. Class C Misdemeanor: 0 days to 90 days jail, $0 to $1082.50 fines and surcharges, plus interest. Infraction: no jail, $0 to $1082.50 fines and surcharges, plus interest.

Acknowledgement

I have read and I understand the foregoing rights and instructions. I understand there are pending charge(s) against me. 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.

Right to Counsel

You have been charged with the criminal offense(s) listed in the (information/citation). You have the right to be represented by an attorney. If the offense is one for which the court may impose jail time – even suspended jail time – and you cannot afford an attorney, the court will appoint an attorney to represent you. If you want to request a court-appointed attorney, ask the clerk for the appropriate paperwork.

The court will appoint an attorney to represent you if you face the possibility of jail time and if your household income is at or less than 150% of the poverty level established by the U.S. Government. If your household income is more than 150% of the poverty level, the court will appoint counsel if the court determines that you do not have the means of paying for an attorney without depriving you or your family of necessities such as food, shelter, or clothing.

If you do not meet the eligibility guidelines to have an attorney appointed to represent you, you still have the right to an attorney. However the attorney must be retained at your own expense.

You also have the constitutional right to represent yourself and to proceed without an attorney. However, before making this decision you should consider the following risks and responsibilities associated with self-representation:

Criminal defense is a highly specialized and technical area of the law.
A criminal conviction may result in financial penalties and jail time. The court will inform you of the maximum penalties in your case.
There may be factual, legal, or other defenses to the charges that an attorney may be able to discover and explain to you.
There may be issues related to trial or entering a guilty plea that you may not know. The court cannot advise you on how to try your case.
There may be collateral consequences based on a conviction or guilty plea, such as increased penalties for subsequent offenses, suspension of your driver’s license, firearm restrictions, or immigration consequences.
If you proceed without an attorney, you are responsible for complying with the rules of court, including rules of evidence and procedure.
If you waive screening for a court-appointed attorney, you are responsible for hiring a private attorney if you want one.
Given these considerations, the court encourages you not to represent yourself.

Counsel Agreement

I agree that I have read and understand the Right to Counsel section. If I have questions, I understand I should ask a court representative or bring up my questions before the Judge when my case is called.

Acknowledgement and Signature

Type your full legal name as your signature. By typing my name below, I affirm this is my electronic signature.

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By typing your full legal name below you are signing this form.