Adult English

Rifle Municipal Court, Garfield County, Colorado

Acknowledgement of Advisement of Rights


1

You need make no statement. Any statement made can and may be used against you. You are presumed innocent of any offense and you will continue to be presumed innocent until you are proven guilty  beyond a reasonable doubt. Any plea you make must be voluntary on your part and not the result of undue influence or coercion on the part of anyone.

 

 

2

You have the right to be represented in this Court by a lawyer of your own choice. If you are indigent and this is a jailable offense and you cannot afford to hire your own lawyer, you have the right, as provided by law or applicable rule of criminal procedure, to request the appointment of a lawyer before any further proceedings are held. If you do request a postponement, the Court will advise you specifically of the new time and of the terms and conditions upon which your postponement is granted.

 

 

3

Whether you plead guilty or not guilty, you will be under no obligation to testify or make any statement.  You do, however, have the right to testify on your own behalf and to make any statement which you desire to be considered.  If you elect not to testify or make any statement your silence cannot be used against you.

 

 

4

You have the right, and will be given the opportunity, to present witnesses on your own behalf. The Court will prepare subpoenas without expense to you for any witnesses whom you delegate, but you will be liable for the expense of witness fees. It is your responsibility to get subpoenas served by a third party unless you prove you are unable to pay such expenses.

 

 

5

ADULTS You have the right to have a copy of the charge(s) which has/have been filed against you.  The maximum penalty is a one thousand dollar ($1,000.00) fine and three hundred sixty-five days in jail (1 year) or a combination of both. 

 

JURY TRIALS (ADULTS ONLY) If you are charged with a criminal offense and you request a jury trial  you must do the following:   Make a demand in writing for a jury trial within twenty (20) days after arraignment or entry of plea and at the same time pay a jury fee of twenty-five dollars ($25.00).  The jury, if you demand one, will consist of three (3) members unless you demand a greater number, but in no event will there be more than six (6) jurors.  If you fail to make a demand for a jury in writing and pay the jury fee within the time provided and the jury fee is not waived by the Court, your right to a trial by jury will be considered  waived and your case will be tried to the Court.  Section 13-10-114

 

In all actions in which a Bench Warrant is issued, a $50.00 fee will be assessed in addition to all other fees and costs.  If you are incarcerated in jail for a bailable offense, you have the right to bond and the Court will advise you as to the amount of bond that has been set.   You are also advised that as a condition of any bond you post,  you are restrained from harassing, molesting, intimidating, retaliating against or tampering with any witness or victim in your case.  Violation of this Order may lead to additional charges of contempt

 

If you believe that a decision made by this Court is incorrect you have the right to appeal that decision.  To perfect your right to appeal, you should file a Notice of Appeal within 30 days after entry of judgment by this Court.

Section 13-10-116(III)

 

 Failure to Appear in Court  is a separate Class A offense of the Rifle Municipal Code which is punishable by up to one year in jail and/or up to a $1,000 fine.

 

6

JUVENILES (18 AND UNDER) A PARENT OR A LEGAL GUARDIAN MUST ACCOMPANY YOU TO EVERY SCHEDULED COURT APPEARANCE.  You have the right to have a copy of the charge(s), which have been filed against you.  The maximum penalty is a one thousand dollar ($1,000.00) fine.  The Court cannot impose a jail term unless you fail to appear or violate the Court’s order.  PURSUANT TO COLORADO LAW, JURY TRIALS ARE NOT AVAILABLE TO JUVENILES.




Pursuant to Section 24-72-308 C.R.S., any person in interest may petition the district court of the district in which any arrest and criminal records information pertaining to said person is located for the sealing of all of the said records, except basic identification information, if the records are a record of official actions involving a criminal offense for which said person was not charged, in any case which was completely dismissed, or in any case in which the defendant was acquitted. Certain records may be eligible for sealing through the District Court not less than three (3) years after completing your sentence in this case pursuant to Section 24-72-308.9 C.R.S. Please consult the statutes or legal counsel with respect to these matters. Certain limitations and time limits apply.