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).
1. You have the right to counsel. Details concerning this right are covered on the second sheet of this form.
2. 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.
3. You have the right to confront and cross-examine the prosecution witnesses in open court.
4. 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.
5. 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.
6. 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.
7. 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 will be imposed today (if you waive time for sentencing) or you have the right to return another day (within 2 to 45 days). 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 $1,940 fines and surcharges, plus interest); Class C Misdemeanor (0 days to 90 days jail, $0 to $1052.50 fines and surcharges, plus interest); Infraction (no jail, $0 to $1052.50 fines and surcharges, plus interest).