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CASE NO # This is a written advisement of your rights in the Brighton Municipal Court. The purpose of an arraignment is to allow you an opportunity to enter a plea in your case. Your plea may be not guilty, in which case your matter will be set for a trial to the Court or to a jury if allowed by law. The trial will occur at a future date. In lieu of a plea of not guilty, you have the right to enter a plea of guilty and your case will likely be concluded today. Prior to entering a plea today, you will have an opportunity to discuss your case with the City Prosecutor. The purpose of that discussion is to allow you to explore entering into a disposition or plea bargain of your case at this time and possibly avoid having to return on a future date. A) As a defendant in this Court, you have the following rights: 1. The right to have bail set if you are in custody. 2. The right to remain silent. Any statement you make can and may be used against you. 3. The right to be represented by an attorney of your own choosing, at your own expense. 4. The right to request and receive a continuance or postponement to consult with an attorney, prior to entering a plea in your case. 5. The right to be presumed innocent until proven guilty beyond a reasonable doubt. 6. The right to be advised of and understand the elements of the charge or charges filed against you. B) You have the right to plead not guilty and have your case set for a trial to the Court, which is a trial to a judge, or to a jury if allowed by law within 90 days of your not guilty plea. If you have the right to a jury trial and desire your case be tried to a jury, pursuant to the laws of the State of Colorado, you must take the following two actions within 21 days after the entry of your not guilty plea: 1. Submit to the Court a written jury demand, which is a statement in writing that you desire your case be tried to a jury, and stating the number of jurors you desire; between three and six. 2. Pay a $25.00 jury fee; unless the court waives the jury fee after finding that you are indigent. The $25.00 will be refunded to you if you are found not guilty by a jury. C) Should you desire to proceed to trial, you will have the following rights: 1. At the time of your trial, you have the right to testify or not testify on your own behalf. If you choose to remain silent the fact that you do so cannot and will not be used against you. 2. You have the right to confront and cross-examine or question any witness who testifies against you. 3. You have the right to present evidence or a defense. You have no obligation to do so because you are presumed innocent of the charges until proven guilty beyond a reasonable doubt. 4. You have the right to have subpoenas issued for any witness you want to testify on your behalf at the trial. There is no cost for the issuance of subpoenas; however you must arrange for service of the subpoenas by a person 18 years of age or older who is not involved in your case. 5. Finally, you have the right to appeal to the Adams County District Court any conviction after trial. ---PAGE BREAK--- D) You are further advised that if you are indigent and desire an attorney, the Court, upon request in applicable cases, may appoint an attorney to represent you. E) If you enter a plea of guilty or no contest to any offense punishable as a crime and if you are not a citizen of the United States of America, you are advised that conviction of the offense for which you have been charged may have the consequence of deportation, exclusion from admission to the U.S. or denial of naturalization pursuant to the laws of the United States of America. F) Possible penalties: The maximum penalty that may be imposed upon conviction of any traffic offense or criminal violation is a fine of $1000, one year in jail, or both. If you are less than 18 years of age at the time of the offense, the maximum penalty that may be imposed upon conviction is a fine of $1000. Additional costs, including court costs and surcharges will be imposed upon conviction. The Court may impose additional sentencing orders, in its discretion, where it deems appropriate. G) Advisement concerning the sealing of records: Colorado Revised Statutes 24-72-308(1)(a), any person- in-interest may petition the District Court of the District in which any arrest and criminal records, information pertaining to said person-in-interest is located for the sealing of all of said records, except basic identification information. If the records are a record of official actions involving a criminal offense for which said person-in- interest was not charged, in any case which was completely dismissed, or in any case in which said person-in- interest was acquitted pursuant to 24-72-308(1)(a). OR If three or more years following final disposition or release from supervision of a municipal offense said person-in-interest may petition the District Court of the District in which said conviction pertains to, except for misdemeanor traffic offenses committed holders of commercial license pursuant to 24-72-308.9. H) Should you elect to plead guilty or no contest to the original violation or an amended violation, you are stating to the Court that you understand your rights, you understand the charge, you understand the effect of your plea, you understand the possible penalty, you understand you are waiving your right to be represented by an attorney, you are waiving your right to be presumed innocent, you are waiving your right to a trial, and that your plea is voluntary and not the result of undue influence or coercion. After you have spoken to the City Prosecutor please return to the courtroom and be seated. As your individual case is called, please step forward to the podium. If you are under the age of eighteen (18) years of age, please have a parent or guardian step forward with you. While at the podium, please speak loudly and clearly because what you say in your case is being recorded. I have read the above advisement and understand my rights as indicated. Defendant Signature Date Parent Signature (where defendant is under 18 yrs) Date