Your Rights in Court
This may be the first time you have ever appeared in Court and the purpose of this section is to inform you of your RIGHTS and of COURT PROCEDURE. The Court convenes on the date listed on your citation to accept the pleas of those who have been arrested or cited and charged with committing misdemeanor violations within the jurisdiction of the City of South Tucson. This session is referred to as your Arraignment. You have already received a copy of the complaint/s filed against you, therefore when your name is called, you are to come forward to the podium or lectern.
The Judge will read the charge/s against you and you will be asked to enter one of three pleas. They are as follows:
This plea is your denial of guilt. Should you enter this plea, your case will be reset to another court date.
This plea would be a complete admission of guilt to the charges made against you. Should you enter this plea and it is accepted, sentencing will occur at the same time that you enter your plea of guilty.
This plea is not admission of guilt but rather is an acknowledgement of the facts alleged in the complaint. This plea cannot be used against you in any other legal proceeding; however this plea will result in you being sentenced in the same manner as if you entered a plea of guilty.
Note: If you refuse to enter any of the above pleas, the Court will enter a plea of Not Guilty on your behalf and your case will be continued to another court date.
At any time that you enter a plea of Guilty or No Contest to the charges made against you, you are WAIVING the following rights:
1.The right to counsel and to be represented by counsel at all critical stages of these proceedings, even if you intend to enter a plea of Guilty
2. The right to a continuance.
3. The right to have counsel assigned to you.
4. The right to trial by jury or trial by Judge.
5. The right to remain silent and to be presumed innocent until proven guilty beyond a reasonable doubt.
6. The right to confront witnesses against you.
7. The right to present evidence and witnesses on your own behalf, and to have the State compel witnesses of your choosing to appear and testify.
NOTE: If you are convicted of a Criminal Traffic violation, a record of the conviction will be forwarded to the Department of Motor Vehicles and shall become a part of your driving record. That agency may then require you to complete a testing or educational program of their choosing. A conviction of any misdemeanor will result in a criminal record. Please consult with an attorney for further information.