Fillable Uniform Traffic Ticket Plea Form - Batavia Town Court (Page 2 of 2) in pdf

THIS FORM IS FOR INFORMATIONAL PURPOSES ONLY

STATE OF NEW YORK UNIFIED COURT SYSTEM

TOWN OF BATAVIA

3833 West Main St. Rd. Batavia, NY 14020

To: Individuals charged with Traffic Infractions Pending in the Batavia Town Court

This court has received an accusatory instrument alleging that you have committed an offense. You are presumed innocent

until proven guilty and you have the right to retain an attorney to represent you now, or at an stage in these proceedings.

You have various procedural options in the course of bringing this matter to a just disposition. You may choose to proceed

in any of the following manners, or any other legally authorized manner. You may want to consult an attorney for guidance

or representation before determining which course of action you will pursue. The court may not provide you with a

recommendation as to how you should proceed, or as to which of these or any other options you should choose.

YOU MAY:

Plea of Guilty as Charged

By pleading ‘Guilty,’ you waive your right to a trial at which you People of the State of New York, represented by the

prosecution, must prove beyond a reasonable doubt that you committed the offense alleged in the accusatory instrument. A

Plea of Guilty will subject you to sentencing, by the judge presiding, to any legally authorized sentence. You may withdraw,

with the court’s permission, you pleas of guilty at any time prior to sentencing and exercise your right to a trial.

Plea of Not Guilty

By pleading ‘Not Guilty’ you exercise your right to a public trial at which time the people of the State of New York,

represented by the prosecution, must prove beyond a reasonable doubt, that you have committed the offense alleged in the

accusatory instrument. At the trial you will have the right to hear, see and challenge the evidence submitted to prove your

guilt, including, confronting, by cross-examination, the Police Officer, Peace Officer or other witness or witnesses who testify

against you. You have the right to have witnesses testify on our behalf and you may, but you are not required to testify on

your own behalf. The court will determine, after hearing all the evidence submitted at the trial, whether or not the People

have proven guilt beyond a reasonable doubt, and will render an appropriate verdict.

Communicate with our Town Prosecutor regarding a possible reduction

You may contact the Prosecutor or other official who is responsible for proving the charge or charges against you and

negotiate an agreement to plead guilty to a legally authorized alternate offense, including a lesser included offense, or a

less severe offense or offenses. Any proposed agreement is subject to approval by the court. Upon a plea of guilty to the

agreed upon offense, you will be subject to sentencing, by the judge presiding, to any sentence legally authorized to be

imposed for the offense to which you plead guilty.

Our Town Prosecutor responsible to prove the charge or charges against you alleged in the accusatory instrument is Kevin

Earl. If you would like to speak with him, please schedule a court date with the clerk.

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Uniform Traffic Ticket Plea Form - Batavia Town Court Page 2