The following is an explanation of your rights in this court. Before you enter into a plea and appear before the Judge, you will have the opportunity to speak with the City Prosecutor. You do not have to speak with the City Prosecutor, but the purpose of that discussion is to explore a disposition or plea bargain in your case. If you do not want to enter into a plea bargain with the City Prosecutor, you have the right to plead not guilty and set your case for trial.
YOU HAVE THE FOLLOWING RIGHTS:
- To be presumed innocent of the charges, and if you plead not guilty, the prosecution must prove your guilt beyond a reasonable doubt.
- To be represented by an attorney at your own expense. You have the right to have your arraignment continued to obtain one. In certain cases, if you cannot afford an attorney one may be appointed to represent you.
- To a full explanation of the nature of the charges against you. If you do not understand what you are charged with, ask the Judge. The maximum sentence the court may impose on each charge is listed on below.
- To enter a plea that is voluntary and not the result of undue influence or coercion on the part of anyone. A plea of guilty means that you give up the right to require the prosecution to prove your guilt beyond a reasonable doubt. If you plead not guilty, you will have a trial to a Judge or, in certain cases, a trial to a jury. To obtain a jury trial, you must request in writing a jury trial and post a $25.00 jury deposit within 21 days after your arraignment or entry of a plea. The jury shall consist of three (3) persons, unless a greater number, not to exceed six (6), is requested. The jury deposit may be waived if you show that you are indigent.
- To testify or not testify on your own behalf. Your silence cannot be used against you. If you make any statement, it can and may be used against you. You have the right for the court to issue subpoenas to compel witnesses to testify for you. You have the right to cross examine witnesses called to testify against you.
- To a speedy trial within 91 days of your arraignment date, unless you waived speedy trial.
- To make a statement before any sentence is imposed upon you. You have the right to appeal a conviction within 35 days after the date of entry of the judgment or the denial of post-trial motions, whichever is later.
- To bail and to be advised as to the amount of bail set by the court.
- If you are not a citizen of the United States, you are advised that a conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the U.S., or denial of naturalization pursuant to the laws of the United States. Consulting with an attorney is recommended prior to entering a plea of guilty or nolo contendere.
Non-Traffic violations $2,650.00 fine, a jail sentence of one (1) year, or both.
Traffic offenses $2,650.00 fine, a jail sentence of one (1) year, or both.
Traffic violations $2,650.00 fine
Criminal violations $2,650.00 fine Failure to comply with a court order could result in a sentence to a juvenile detention facility up to 48 hours.
A juvenile's driver's license may be revoked if (1) you are convicted of possession of alcohol or marijuana and fail to complete a court ordered evaluation or treatment of (2) you are convicted of a second possession of alcohol or marijuana by a minor.
Conduct in the Courtroom
All individuals in the courtroom are to remain seated and quiet while court is in session. Court proceedings can be lengthy and tiring for young children. If possible, please arrange for child care. If you do need to bring them, they must remain quiet.
Bring any and all documentation you might need with you the day of court.
No pagers or cellular telephones or similar electronic devices are to be on at any time while court is in session. If your pager or cell phone should go off, you will be asked to turn it off, cell phone to be held by Bailiff until your complete with your court session or exit the building.
No food or drinks are allowed in the courtroom. Please no chewing gum.
Hat or caps are not allowed in the courtroom.
Dress comfortably but not too informal – Halter tops, gang-related clothing, drug-related clothing, clothing with sexually explicit graphics, beachwear, sleepwear or excessively revealing clothing are not appropriate attire for court appearances. Hats are to be removed prior to entering the courtroom, unless worn for religious purposes. The court reserves the right to refuse entry into the courtroom.
Plan to arrive at court early on the date of your appearance. Court check-in begins around 2:00 p.m. Arriving in a timely manner is important. If the docket is short and you arrive late, the court session may be completed for the day and your case will be documented with a Failure to Appear.
Fines / Payment
All fines and court costs are due on the day of your guilty or no contendere plea.
If you do not pay your fines in full on the day of your court appearance, you may be provided additional time to pay. A separate fee will be assessed. You will receive another court date. If your fines are paid in full by the next court appearance date, you will not need to appear. If you have not paid off your balance by that next court date, and you do not appear on that date to see the Judge, a hold may be placed on your ability to drive and a warrant may issue and you could spend time in jail.
Representation / Legal Advice
You may represent yourself through all the proceedings of Municipal Court or obtain an attorney at your own expense. Court personnel are not allowed to give legal advice.
Sealing of Records
If you fully comply with your case and the charges against you are dismissed, you may move the court to seal your records by filing a Motion to Seal pursuant to 24-72-702.5, C.R.S. Upon request, the court can provided you a copy of the Motion to Seal. Before the Judge can grant your motion you must (1) File a Motion to Seal and indicate all of the agencies that you wish the court to send a copy of its Order to Seal, and (2) pay the $65 filing fee unless the court waives the fee. If the court grants your Motion to Seal you may legally say that these records do no exist
Advisement Regarding Habitual Traffic Offender Act Your driving privileges will be revoked for 5 years if, after a hearing, you are found to be a Habitual Traffic Offender after you accumulate guilty pleas or convictions of:
- Three major violations within a 7 year period, including Driving Under Restraint, Driving Under the Influence, Driving While Ability Impaired, Reckless Driving, False Affidavit or Swearing in Motor Vehicle Licensing matters, Vehicular Homicide, Vehicular Assault, Criminally Negligent Homicide, Aggravated Motor Vehicle Theft, and Failure to Render Aid in an accident involving death or injuries.
- 10 moving violations of 4 or more points in a 5 year period.
- 18 moving violations of 3 or less points in a 5 year period.