Rights, Instructions, And Waiver Form - Kane County Justice Court

KANE COUNTY JUSTICE COURT

STATE OF UTAH

RIGHTS, INSTRUCTIONS, AND WAIVER FORM

Defendant: ________________________________________________Case No.: __________________

Address: ________________________________________City:__________________State:__________

Zip Code: _____________ Phone Number: _____________________________ DOB: _______________

Email: __________________________

PLEAS: You may plead: a.) not guilty; b) not guilty by reason of insanity; c) guilty with a mental illness at the time of the offense; 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:

1) You have the right to be represented by an attorney. The Court will appoint an attorney at no cost to you if: a.) you cannot afford an attorney;

and b.) 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.

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 hearing, you must: a) represent yourself; b) hire an attorney; or c) if you cannot afford an attorney, 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.

3) 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 trail. You are not entitled to a jury trial if you are charged only with an infraction.

4) You have the right to confront and cross-examine the prosecution witnesses in open court.

5) You have the right to call witnesses and compel by subpoena their attendance and testimony. If you cannot afford to 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 may refuse to testify, and no one can

make you testify or give evidence against yourself. Your refusal to testify cannot be held against you.

7) You are presumed innocent until: a) you plead guilty or no contest; or b) the prosecution proves you guilty. The prosecution has the burden

of proving each of the elements of the crime 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: a) the condition you appear in court for future proceedings; and b) any

other conditions the Court imposes. Bail may be modified on proper motion, notice, and findings.

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/RIGHT TO APPEAL: A motion to withdraw a guilty or no-contest plea must be made before you are sentenced

or within 30 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 30 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 (one after

the other) with the charges in this case and with any other case.

PENALTIES (MINIMUN/MAXIMUM SENTENCES): Class B Misdemeanor (0 days to 6 months jail, $0 to $1,940.00 fines and surcharges,

plus interest); Class C Misdemeanor (0 days to 90 days jail, $0 to $1,052.50 fines and surcharges, plus interest); Infraction (no jail, $0 to

$1.052.50 fines and surcharges, plus interest).

IMMIGRATIN ADVISAL: If you are not a citizen of the United States and you plead guilty, are convicted, admit the crime or the essential

elements of the crime, you may be deported, determined inadmissible to the United States, denied relief form removal, determined ineligible for

naturalization and could be removed permanently form the United States. If you want to discuss this issue with an immigration attorney, the

Court will give you some additional time.

I have read and I understand the foregoing rights and instructions. 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.

_______________________________ (Date) _____________________________________________________ (Defendant’s Signature)

I voluntarily, knowingly, and intelligently waive my right to an attorney. I do not want an attorney; I want to represent myself.

Rights, Instructions, And Waiver Form - Kane County Justice Court - Utah

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