Rights, Instructions, Waiver

Defendant:

Case Number:

Phone:

Email:

Address:

City:

State:

Zip:

Pleas:

You may plead: a) not guilty; b) not guilty by reason of insanity; c) guilty and mentally ill; 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:

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.
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.
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 trial. You are not entitled to a jury trial if you are charged only with an infraction.
You have the right to confront and cross-examine the prosecution witnesses in open court.
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.
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.
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.
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 28 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 28 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 (Minimum/Maximum Sentences):

Class B Misdemeanor (0 days to 6 months jail, $0 to $1970 fines and surcharges, plus interest); Class C Misdemeanor (0 days to 90 days jail, $0 to $1082.50 fines and surcharges, plus interest); infraction (no jail, $0 to $1082.50 fines and surcharges, plus interest).

I have read and I understand the foregoing rights and instructions. I understand there are pending charge(s) against me. 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.

Right to Counsel

You have been charged with the criminal offense(s) listed in the (information/citation). You have the right to be represented by an attorney. If the offense is one for which the court may impose jail time – even suspended jail time – and you cannot afford an attorney, the court will appoint an attorney to represent you. If you want to request a court-appointed attorney, ask the clerk for the appropriate paperwork.

The court will appoint an attorney to represent you if you face the possibility of jail time and if your household income is at or less than 150% of the poverty level established by the U.S. Government. If your household income is more than 150% of the poverty level, the court will appoint counsel if the court determines that you do not have the means of paying for an attorney without depriving you or your family of necessities such as food, shelter, or clothing.

If you do not meet the eligibility guidelines to have an attorney appointed to represent you, you still have the right to an attorney. However the attorney must be retained at your own expense.

You also have the constitutional right to represent yourself and to proceed without an attorney. However, before making this decision you should consider the following risks and responsibilities associated with self-representation:

Criminal defense is a highly specialized and technical area of the law.
A criminal conviction may result in consequences consisting of financial penalties and jail time. (The court will inform you of the maximum penalties in your case.)
There may be factual, legal, or other defenses to the charge(s) that an attorney may be able to discover and explain to you.
There may be issues related to the conduct of trial or the entering of a guilty plea that you may not know and it would be your attorney’s responsibility to be aware of those issues and how to properly address them before the court. The court cannot advise you on how to try your case.
There may be collateral consequences based on a conviction or guilty plea, such as increased penalties for subsequent offenses, suspension of your driver’s license, restriction of your right to possess firearms and ammunition, or consequences on your immigration status. An attorney could advise you about those consequences.
If you exercise your right to proceed without the services of an attorney, you are responsible for complying with the rules of court, including rules of evidence and other rules of procedure, and you will be expected to exhibit proper behavior before the judge and/or jury.
You understand that if you waive screening for a court-appointed attorney, that you are responsible for hiring a private attorney if you want one.
Given the above considerations, the court encourages you not to represent yourself.

Counsel Agreement

I state that I have fully and completely read this section regarding the right to counsel, and that I understand it. If I have questions, I understand I should ask a court representative or bring up my questions before the Judge when my case is called.

Acknowledgement & Signature

By signing in the box below, I acknowledge that I have read, understood, and agree to all the terms, rights, and information presented in this form.

If the Button is gray it means you missed filling out a required section or have not signed. You can submit when the button is blue.

Hours and Contact

Brent Dunlap – Judge
Lori Eichelberger – Court Administrator
82 N 100 E #101, Cedar City, UT 84720
Monday - Friday 8:00 A.M. - 5:00 P.M
No Cash Payments after 4:00 p.m., drop box & envelopes available with exact change
435-865-5335
[email protected]