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Advisement of Rights

  1. The following is an explanation of your rights in this court. Before you enter into plea discussions with the Prosecuting Attorney or appear before the Judge, you must read and sign this form. You do not have to speak with the 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 Prosecutor, you have the right to plead Not Guilty and set your case for trial.

  2. YOU HAVE THE FOLLOWING RIGHTS:

    1. To be presumed innocent of the charges, and if you plead not guilty the prosecution must prove your guilt beyond a reasonable doubt.

  3. 2. To be represented by an attorney at your own expense. You have the right to have this arraignment continued to obtain one. In certain cases, if you cannot afford an attorney one may be appointed to represent you.

  4. 3. 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 this form.

  5. 4. 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 twenty-one (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.

  6. 5. 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

  7. 6. To a speedy trial within 91 days of your not guilty plea.

  8. 7. To make a statement before any sentence is imposed upon you. You have the right to appeal a conviction within thirty- five (35) days after the date of entry of the judgment or the denial of post-trial motions, whichever is later.

  9. 8. To bail and to be advised as to the amount of bail set by the Court.

  10. 9. 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 U.S. Consulting with an attorney is recommended prior to entering a plea of guilty or nolo contendere.

  11. MAXIMUM PENALTIES - ADULT

    • Non-traffic violations and Traffic Offenses: $1,000.00 fine, a jail sentence of 364 days, or both.

  12. • Compulsory Insurance: 1st offense in 5 years - mandatory minimum $500.00 fine. 2 or more offenses in 5 years - mandatory minimum fine of $1,000.00 and between 10 days and 364 days in jail.

  13. • All other traffic violations: Maximum fine $1,000.00.

  14. MAXIMUM PENANTIES - JUVENILE

    • Traffic cases: Maximum fine $1,000.00

  15. • Criminal cases: Maximum fine $1,000.00 Failure to comply with a court order could result in a sentence to a juvenile detention facility up to 48 hours.

  16. • Your driver license may be revoked if (1) you are convicted of possession of alcohol, marijuana or drug paraphernalia by a minor and fail to complete a court ordered evaluation or treatment or (2) you are convicted of a second possession of alcohol/marijuana/paraphernalia by a minor.

  17. PAYMENTS

    The court expects you to pay all fines and court costs on the day you receive your sentence. If you cannot, you need to discuss payment with the Court. If you are granted payment arrangements by the Court and you cannot pay as ordered, you must appear in the Court on your required payment due date and request and extension from the Judge. If you fail to appear and do not pay your outstanding balance, your driver license could be suspended and/or your case could be transferred to a collection agency.

  18. SEALING CRIMINAL CONVICTION RECORDS IN MUNICIPAL COURT:

    You may file a motion in which any conviction records pertaining to your municipal violation are located if the motion is filed three or more years after the date of the final disposition and/or release from supervision concerning the criminal conviction (whichever is later) and you have not been charged or convicted of a felony, misdemeanor, or misdemeanor traffic offense in the three or more years since this date (final disposition and/or release from supervision concerning the criminal conviction) and the conviction records you are asking be sealed are not for a misdemeanor traffic offense committed either by a holder of a commercial learner's permit or a commercial driver's license. In most cases you may also file your motion to seal in the District Court. You are responsible for paying the filing fee associated with this motion. Additional information concerning this process can be found in §24-72-708 of the Colorado Revised Statutes.

  19. SEALING OF CRIMINAL JUSTICE RECORDS (OTHER THAN CONVICTIONS) IN MUNICIPAL COURT:

    If you completed a diversion agreement, or a deferred judgment and sentence, or if your case was dismissed, or if you were acquitted of all counts in the case, then you may file a motion to seal your criminal justice record You are responsible for paying the $65.00 filing fee unless it is waived by the Court after a finding of indigency. Additional information concerning this process can be found in §24-72-705 of the Colorado Revised Statutes.

  20. EXPUNGEMENT OF JUVENILE DELINQUENT RECORDS:

    In most cases, within forty-two (42) days after the completion of your sentence or closure of your case, the Court shall automatically expunge your record. If a natural person was listed as a victim, the Court is required to notify the City Attorney of the closure of your case and the City Attorney may file an objection to the expungement within forty-two (42) days of this notice. If an objection is filed, then a hearing will be set and you will be notified by mail (at your last known address) of the hearing date and time. You have the right to present evidence in writing to the Court before the hearing, you have the right to present evidence to the Court in person at the hearing and you have the right not to attend the hearing. At a hearing the Court shall order all records of the case in the custody of the Court, and any records related to the case or charges in the custody of any other agency, person, company, or organization, expunged if you have successfully completed the sentence, or the municipal court case is closed, unless the Court finds, by clear and convincing evidence, that you have not been rehabilitated and that expungement is not in your best interests or the best interest of the community. If the Court enters an order denying expungement of the records, you shall have the right to appeal to the District Court, and all fees related to the appeal must be waived. When an expungement order is issued, the Court shall send a copy of the order to you, your last attorney of record, the prosecuting attorney, the law enforcement agency or agencies that investigated the case, and the Colorado Bureau of Investigation directing the entity to expunge its records within thirty-five days after the receipt of the order. Within seven (7) days of completion of your sentence or closure of your case, you, your attorney or your parent(s) or legal guardian(s) may provide to the Court a list of all agency custodians that may have custody of any records subject to the expungement process or order. If the Court issues an expungement order the Court is required to also send a copy of the expungement order to the agency, person, company, or organization that you have provided directing the entity to expunge its records within thirty-five days. Additional information about this process can be found in §13-10-115.5 of the Colorado Revised Statutes.

  21. ACKNOWLEDGEMENT

    I acknowledge that I have read and understand this Advisement Of Rights and I understand that if I enter a plea of guilty or nolo contendere to any charge(s) in this Court I am waiving and giving up all of the rights set forth in this Advisement. I acknowledge that I have also been advised of my rights concerning sealing and/or expungement of criminal records. If you have any questions regarding the above information or process you should consult legal counsel and you should not sign this form.

  22. By signing this form, I consent to having my case heard by an interactive audio-visual device.

  23. Typing your name above constitutes a legal signature whereby you are confirming the information provided in this form is true and correct to the best of your knowledge.

  24. Typing your name above constitutes a legal signature whereby you are confirming the information provided in this form is true and correct to the best of your knowledge.

  25. If you currently serve in the United States Armed Forces or are a Veteran of such forces and would like information regarding mental health treatment, substance use disorder treatment or other services available to you please contact the Castle Rock Municipal Court at 303-663-6123.

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