Advisement of Rights
YOU HAVE THE FOLLOWING RIGHTS:
- To be represented by counsel, and if indigent, the right to ask the court to appoint one for you.
- To have a full explanation of the nature of the charges against you. If you do not understand what you are charged with, ask the judge.
- To be presumed innocent of the charges. If you plead not guilty the prosecution must prove you guilty beyond a reasonable doubt.
- To plead “Guilty,” “Not Guilty,” or “No Contest.”
- To bail and to be advised of the amount of bail that has been set by the court. If you fail to appear at any court proceeding, a warrant may be issued for your arrest.
- To make no statement. Any statement you make can and may be used against you.
- To have a trial by a jury, if such right is granted by ordinance. A jury demand must be made in writing accompanied by a $25 jury fee paid within twenty-one (21) days of entering a not guilty plea, unless the court waives the fee because of indigence. If you fail to meet the above conditions, your trial shall be before the judge.
- To compel the attendance of witnesses on your behalf by subpoenas, issued by the court, without expense to you.
- To confront witnesses called to testify against you and to cross-examine those witnesses.
- To a list of prosecution witnesses prior to the time of trial.
- To testify or not testify on your own behalf. Your silence does not imply any wrongdoing on your part and cannot be used against you.
- To appeal any judgment to the 4th Judicial District court within 35 days after the judgment is entered. However, if you plead guilty you waive your right to appeal.
- To a continuance of this arraignment to hire an attorney to represent you or for some other good reason.
If you have any questions about these rights, ask the judge.
POSSIBLE PENALTIES: The maximum penalty that can be imposed for a non-criminal traffic violation is a fine up to $2,650. The maximum penalty for all other charges is a fine up to $2,650 and/or 90 days in jail. A juvenile at the time of violation cannot be incarcerated.
ADVISEMENT TO DEFENDANT CONCERNING THE SEALING OF RECORDS
Pursuant to §24-72-308, C.R.S. (Colorado Revised Statues), any person in interest may petition the Municipal Court in which any arrest and/or criminal records are filed to have the records sealed. Instruction are located at www.courts.state.co.us.
You may only petition the Court to seal your arrest or criminal records if you meet the following requirements:
- All charges were dismissed, or you were acquitted of all charges; or
- There is only an arrest record and no charges were filed in a Court.
- The Defendant had a case that was dismissed due to a plea agreement in another case and 10 or more years have passed from the final disposition of all criminal proceedings and no additional criminal charges since the date of the final disposition of all criminal proceedings have been filed against the Defendant
You may not petition the Court to seal your arrest or criminal records if:
- You have been convicted of an offense for which the factual basis involved unlawful sexual behavior pursuant to §16-22-102(9), C.R.S; or
- An offense is not charged due to a plea agreement in a separate case; but 10 years have not passed since the final disposition of all criminal proceedings against the Defendant; or
- A dismissal occurs as part of a plea agreement in a separate case; but 10 years have not passed since the final disposition of all criminal proceedings against the Defendant; or
- The Defendant still owes restitution, fines, court costs, late fees, or other fees ordered by the Court in the case being requested to seal, unless the court has vacated such order.
- The offense pertains to any class 1 or class 2 traffic offense, or to any class A or class B traffic infraction, or any conviction for a violation of Driving Under the Influence, §42-4-1301 (1) or (2), C.R.S.
- The conviction pertains to an offense concerning the holder of a commercial driver’s license or the operator of a commercial motor vehicle.
ADVISEMENT TO DEFENDANT CONCERNING THE SEALING OF CONVICTION
Colorado Revised Statute §24-72-308.9(2)(a)(l), a defendant may petition the District Court of the District in which any conviction pertaining to the defendant for a Petty offense or Municipal Violation are located for the sealing of the conviction records, except basic identifying information, if:
The petition is filed three or more years after the date of final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction, whichever is later; AND
The defendant has not been charged or convicted for a felony, misdemeanor, or misdemeanor traffic offense in the three or more years since the date of the defendant’s release from supervision, whichever is later; AND
The conviction records to 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, as defined in section 42-2-402, C.R.S., or by the operator of a commercial motor vehicle as defined in section 42-2-402, C.R.S.
If you have any questions regarding the above information or process you should seek legal counsel.
Advisement to Defendant Concerning
Underage Consumption/Possession of Alcohol
If you are convicted of an underage alcohol related offense in the State of Colorado, you will lose your driving privilege as follows:
First Offense: Three month driving suspension
Second Offense: Six month driving suspension
Third Offense: One-year driving suspension
This conviction will also be reported to your home state.
For more details on how to get your license re-instated after an alcohol related conviction, please call your local Division of Motor Vehicles.