The following is an explanation of your rights in the Edgewater Municipal Court. Before you enter into a plea and appear before the judge, you will have the opportunity to speak with the City Prosecutor; 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 agreement with the City Prosecuting Attorney, you have the right to plead Not Guilty and set your case for trial.
You have the following Rights:
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To be presumed innocent of the charges, and if you plead not guilty the prosecution must prove your guilt beyond a reasonable doubt.
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To be represented by an attorney. If you are indigent and facing a possible jail sentence for your charge, you may be eligible to have an attorney appointed at no cost to you.
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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 the back of this form.
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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 areas on able doubt.
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To 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 the 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. (Jury trials do not pertain to Juveniles.)
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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.
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To a speedy trial within 91 days of the date you plead not guilty.
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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.
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To bail and to be advised as to the amount of bail set by the Court.
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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 theU.S. You have the right to consult with an attorney prior to entering a plea of guilty or no contest.
Maximum Penalties
ADULTS – Non-traffic violations and Traffic Offenses: $999 fine, a jail sentence of 180 days, or both.
JUVENILES – Traffic cases: Maximum fine $999. If you fail to comply with court orders your Driver’s License may be revoked. Criminal cases: Maximum fine $999. Failure to comply with a court order could result in a sentence to a juvenile detention facility for up to 48 hours.