CRIMINAL ARRAIGNMENTS

Introduction.

Good morning and welcome to County Criminal Court – Division G. We are here today for arraignments in either misdemeanor or traffic cases. Please check your paperwork to make sure you are in the correct location.

Before we get started, I want to provide you some information that will help make the proceedings move more quickly – so listen carefully.

Presumption of Innocence.

Each of you is presumed innocent unless and until your guilt is established by the evidence beyond and to the exclusion of every reasonable doubt.

Constitutional Rights.

Because of the presumption of innocence, each of you is entitled to certain constitutional rights. Some of those rights are as follows:

1-With certain exceptions, you each have the right to a trial by jury to determine your guilt or your innocence.

2-You have the right to the assistance of an attorney to help you in preparing for, and in conducting your trial.

3-If you are an indigent person, and desire the services of an attorney, but cannot afford to hire one, the court will appoint an attorney with the Public Defender’s office to represent you.

4-You have the right to come face-to-face with and cross-examine your accusers, the right to introduce evidence in your own behalf and the right to compel the attendance of witnesses to testify at your trial through the use of the court’s subpoena power.

5-You have the right to remain silent, because no person charged with a crime can ever be compelled to be a witness against himself or herself.

Procedure.

When I call your name, you will need to come forward to the podium. I will inform you of the nature of the charge or charges brought against you. You then will be advised of the State’s offer to resolve the charge – which will vary depending on the charge brought against you. If you have been charged with a second degree misdemeanor, the maximum sentence you can receive on that charge is 60 days jail time, a $500 fine, and court costs. If you have been charged with a first degree misdemeanor, the maximum sentence you can receive on that charge is 364 days jail time, $1,000 fine, and court costs. On traffic cases, the maximum sentence varies.

It is important for you to realize that today is not the day for you to try your case. We are just here to advise you of the charges brought against you and take your plea. Also, I am not your lawyer, and I cannot give you any advise on how to plea. Please do not talk to me about the facts of your case. All these proceedings are being recorded today and anything you say to me may and likely will be used against you in the future.

Types of Pleas.

After you have been advised of the offer, I will then ask you how you wish to plea to the charge. There are three types of pleas you can enter:

1-A plea of “not guilty” denies the truth of each and every element of the crime with which you are charged.

2-A plea of “guilty” admits the truth of each and every essential element of the crime with which you are charged.

3-A plea of “no contest” neither admits nor denies the truth of the charge, but rather says to the court that you have no defense and that you will not contest the matter. The court may, and probably will, treat a plea of “no contest” in exactly the same manner as it would treat a plea of “guilty”.

Guilty/No Contest Plea.

If you enter a plea of “guilty” or a plea of “no contest,” your case will be resolved here today, and I will impose the appropriate sentence. A plea of “guilty” or “no contest” could adversely impact your immigration status and may subject you to deportation. Additionally, if you are on probation, your plea could violate your probation case. So please let me know when you come to the podium if you are on probation.

Not Guilty Plea.

If you enter a plea of “not guilty,” I will set your case for a trial at a later date. You will receive your notice in the mail.

In addition, if you are an indigent person and tell me you want an attorney, I will place you under oath to determine if you qualify for the services of an attorney with the Public Defender’s Office.

Indigence.

I will ask you questions regarding the amount of your income, the value of any property you own, and your ability to hire your own attorney. Income includes any money you receive in the form of wages, salary, tips, bonuses, commissions, dividends, interest, pensions, social security benefits, worker’s compensation, or any other money coming into your hands from any source whatsoever. You will need to give complete and truthful answers to my questions. If you fail to do so, you could be charged with the crime of perjury.

Appointment of PD.

If I find you are indigent, I will appoint an attorney with the Public Defender’s office to represent you. You will need to complete an application and pay a non-refundable $40 application fee.

If you eventually enter a plea of “guilty” or “no contest”, or if you eventually are found guilty of the offense with which you are charged, then a judgment will be entered against you for the reasonable value of the services provided to you by the Public Defender attorney. The judgment will become a lien upon any property you may now own or hereafter acquire, and the lien may extend for a period of up to 20 years. The services of the attorneys with the Public Defender’s office, despite popular belief, are not free.

Impartiality.

It is important for you to know that I have not discussed any of the cases on today’s docket with anyone, nor have I told anyone what sentence I will impose in any given case. The matter of sentencing is entirely within the Court’s discretion. If you enter a plea of “no contest” or a plea of “guilty”, the Court will impose a sentence within the range provided by law.

Fairness.

It is my job to ensure that you are treated fairly, that you understand what is going on, that no one is using any force or coercion or is twisting your arm to make you enter a plea that you otherwise don’t want to enter, and that no one has promised you a light or suspended sentence in exchange for your plea.

Questions.

If you have any questions, I will do my best to answer them when your case is called.

How Cases Will be Called.

After I take the bench today, I will handle a few preliminary matters. I will then begin calling the docket. I will call the cases five names at a time. The first person called; please come up to the podium. The remaining people called, please line up in the aisle behind the swinging doors.

When I call your names, please say “here” loud enough for me to hear it. Do not assume I can see you stand up. If I do not hear you respond to me calling your name, I will pass your case to the end of the docket. So it is in your best interest to respond when I call your name, loudly and quickly.

Thank you for your attention, and please listen for your name to be called.