communications@orem.gov
56 N. State St., Orem, UT, 84057, US
This form is used to request a hearing for a non-mandatory violation. Please fill out the required information, so the clerk can process your request.
There are four parts to this form.
If you have any questions about this process, feel free to contact the judicial assistants by phone at 801-724-3900, by text at 801-229-7000 or by email jcorem@utcourts.gov.
Full Address
YOU ARE REQUIRED TO NOTIFY THE COURT OF ANY ADDRESS CHANGE WITHIN 48 HOURS
Date of Birth
Request for Hearing
PLEAS:
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).
RIGHTS:
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).
I understand that if I am not a United States citizen, my plea(s) given in court may, or even will, subject me to deportation under United States immigration laws and regulations, or otherwise adversely affect my immigration status, which may include permanently barring my re-entry into the United States. I understand that if I have questions about the effects of my plea on my immigration status, I should consult with an immigration attorney.
Acknowledgement of Rights
If you plead guilty, no contest or are convicted of certain offenses, you may suffer additional legal consequences beyond any jail, probation or fines that the Court may order. These may include:
Some of the more common offenses that could result in one or more of these additional consequences include, but are not limited to:
The law may provide ways to obtain some relief from these consequences. If you wish to receive further information about these possible consequences you are encouraged to talk with an attorney.
Acknowledgement of Enhancements
The Right to an Attorney. You have been charged with the criminal offense(s) listed in the citation or information. You have the constitutional right to be represented by an attorney throughout all proceedings. If the offense is one for which the court may impose jail time – even suspended jail time – and you cannot afford an attorney, the court will appoint an attorney to represent you. You also have the right to represent yourself. At the end of this document you will choose how you would like to proceed at this time.
If You Cannot Afford an Attorney. If the charges include the potential for a jail sentence (i.e., any of the charges is a Class A, B, or C misdemeanor or felony charge) and you do not have enough income or assets to hire your own attorney, the court will appoint an attorney to represent you, unless you choose to represent yourself. Let the court know if you would like to determine whether you qualify for a court-appointed attorney. If you do not meet the eligibility guidelines to have a court-appointed attorney, you still have the right to an attorney, but the attorney must then be retained at your own expense.
The Right to Represent Yourself. You also have the constitutional right to represent yourself and to proceed without an attorney. Before choosing this option you should consider the following risks and responsibilities associated with self-representation:
Right to Counsel
MARK YOUR OPTION
Please be aware that most traffic violations do not qualify for a court-appointed attorney. If you selected this option, and the judge determines at the hearing you do not qualify, you will need to be prepared to move forward with one of the other options (represent yourself or hire your own attorney).
The court communicates by mail, email, phone call and/or text messaging. By completing this form you are giving consent to communication by these means.
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