Advisement of Rights
ADVISEMENT AND WAIVER OF ARRAIGNMENT
THE CITY AND COUNTY OF BROOMFIELD BY AND ON BEHALF OF THE PEOPLE OF THE STATE OF COLORADO,
V. _____________________________________________, DEFENDANT
I hereby waive formal arraignment and understand that I have the following rights:
● I have the right to request a continuance of the arraignment to seek the assistance of counsel; to determine which plea to enter; or for other good and sufficient reasons.
● I have the right to be represented by an attorney at all stages of the proceedings. I hereby choose to meet with the prosecuting attorney today, without prior assistance of defense counsel, to discuss a possible plea bargain.
● If jail is a possible penalty and if I am determined to be indigent by the court, I have the right to court appointed counsel at no cost to me and I have the right to consult with that attorney before any further proceedings are held.(There is no right to court appointed counsel in juvenile ordinance cases and cases involving traffic infractions.)
● I have the right to be released on bail, in the event I am in custody.
● I am presumed innocent and the prosecution must prove all elements of the charges against me beyond a reasonable doubt.
● I have the right to make no statement, as any statement made can and may be used against me.
● I have the right to be advised of the nature of the charge against me.
● I have the right to a public and speedy trial - within 91 days of the date of arraignment and entry of not guilty plea.
● I have the right to a trial by either the court or a jury where such right is granted by statute or ordinance, understanding that if I desire a jury trial, I must file a written demand for such jury trial and pay a jury fee of $25.00 (unless the fee is waived by the court because I have been determined indigent) within 21 days after the entry of not guilty plea. The maximum number of jurors allowed by law is 6, though I may elect to have the matter tried by as few as 3 jurors. (There is no right to a jury trial in juvenile ordinance cases and cases involving traffic infractions.)
● I have the right to have subpoenas issued by the court at no cost to me to compel the attendance of witnesses.
● At trial, I have the right to cross-examine or question all the witnesses who appear against me.
● At trial, I have the right to testify or not to testify on my own behalf. If I choose not to testify that will not be considered as evidence of guilt.
● If I am convicted, I have the right to appeal that conviction to the Broomfield District Court.
● I understand that a plea of guilty may have potential consequences to my immigration status, including deportation, and I have a right to consult with an attorney about such consequences prior to entering a plea.
I understand that all criminal offenses may be punished by a fine of up to $2,650 and/or imprisonment not to exceed 1 year. The traffic offenses of careless driving, reckless driving, speed contest, compulsory insurance, eluding or attempting to elude, failing to stop for school buses, and speeding in excess of 25 miles per hour or more, may be punished by a fine of up to $2,650 and/or imprisonment not to exceed 1 year. All traffic infractions may be punished by a fine not to exceed $500.00.
I understand my rights and acknowledge that I am under no physical or mental impediment that impairs my ability to understand my rights. I also understand that in addition to any penalty that may be set by the court upon disposition of the case, the court may also impose costs to cover the cost of the proceedings.
_______NO, I am not currently serving in the U.S. Armed Forces and I am not a Veteran.
_______YES, I am currently serving in the U.S. Armed Forces or I am a Veteran of such Armed Forces. If YES, I understand that I may be entitled to receive mental health treatment, substance abuse disorder treatment or other services as a Veteran.