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Grand County Justice Court - RIGHTS IN A CRIMINAL PROSECUTION & ARRAIGNMENT

  1. In the Justice Court City of Moab, Grand County, State of Utah

    Before Danalee Welch-O'Donnal, Justice Court Judge

    www.grandcountyutah.net

  2. Rights in a Criminal Prosecution & Arraignment

    RIGHTS IN A CRIMINAL PROSECUTION

    l) You have the right to be represented by counsel. If you cannot afford an attorney , one will be appointed to represent you upon request, if you are indigent, and if there is a substantial probability that you would be sentenced to jail as a result of being convicted.
    2) You have the right to a speedy trial.
    3) You have the right to a jury trial upon proper written request to the court.
    4) You have the right to have an information filed in writing specifying the charge(s) against you.
    5) You have the right to confront and cross examine in open court the witnesses, which the prosecution calls to testify against you.
    6) You have the right to voluntarily testify in your own defense, after which you can be cross-examined by the prosecution.
    7) You have the right to have witnesses subpoenaed, to ensure that anyone you desire to have in court will appear.
    8) You are considered innocent of any charges by this court and the burden of proving you guilty beyond a reasonable doubt is upon the City, County or State.
    9) You have the right to remain silent at trial and the right not to be compelled by the court to testify if you choose to remain silent.
    10) You have the right to appeal the verdict or judgement of this court to the District Court of jurisdiction and to have a new trial upon written request to this court within 28 days.
    I l) You have the right to be admitted to bail in accordance with provision of the law.
    12) If you enter a plea of GUILTY to the charge(s), you will give up all rights just mentioned, thus leaving yourself at the mercy of the Court and will be subject to sentencing. 13) If you enter a plea of GUILTY the Judge will inquire if:
    a. You make the plea knowingly and voluntarily.
    b. You make the plea without force or coercion.
    c. You understand the possible consequences of making a plea of guilty in a Court.
    d. You are free from drugs/alcohol or anything that would impair your ability to make a decision.
    e. The Judge will also determine if there is a factual basis to support the entry of plea to the charge(s).

  3. SENTENCES THAT ARE WITHIN THE JURISDICTION OF THIS COURT: If there are multiple charges pending. the Judge may impose consecutive sentences. The Judge is not required to follow the recommendation of any person. The Judge can sentence up to the following limits:

    1) Class B - O to 180 days in jail and a fine of $0.00 to $1,000.00 plus surcharge Misdemeanor
    2) Class C - O to 90 days in jail and a fine of $0.00 to $750.00 plus surcharge A Misdemeanor
    3) Infraction - fine of $0.00 to $750.00 plus surcharge

  4. By signing below you agree that you have read and understood the above information.

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