Washington City Justice Court

PLEAS: a: not guilty; b: not guilty by reason of insanity; c: guilty with a mental illness at the time of the offense; 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 be represented by an attorney. The court will appoint an attorney at no cost to you if: a: you cannot afford an attorney; and b: there is a possibility of a jail sentence for the offense. Later you may have to pay for the appointed attorney's service if the court determines you are able to do so.

2. You have the right to represent yourself. If you do so, the court cannot advise you on how to handle your case, and you will be required to comply with technical legal rules. There may be disadvantages to proceeding without an attorney. For any future hearings, you must a: represent yourself; b: hire an attorney; or c: if you cannot afford an attorney, request a court appointed attorney by filing an affidavit 10 days before the proceeding.

3. 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.

4. You have the right to confront and cross-examine the prosecution witnesses in open court.

5. 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.

6. 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.

7. 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.

8. 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.

IMMIGRATION/DEPORTATION: I understand that if I am not a United States citizen, my plea(s) today 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 reentry into the United States. I understand that if I have questions about the effect of my plea on my immigration status, I should consult with an immigration attorney.

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 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. When sentenced to pay a fine, the court shall consider allowing compensatory service, i.e. service or unpaid work performed by a person, in lieu of the payment of the fine, exclusive of any victim restitution imposed.

PENALTIES (MINIMUM/MAXIMUM SENTENCES): Class B Misdemeanor (0 days to 6 months jail, $0 to $1950 fines and surcharges plus interest); Class C Misdemeanor (0 days to 90 days jail, $0 to $1062.50 fines and surcharges, plus interest); Infraction (no jail, $0 to $1062.50 fines and surcharges plus interest).

ENHANCEABLE OFFENSES: If you are charged with any of these offenses, and plead guilty or no contest, your charges may be enhanceable, in subsequent offenses. Any domestic violence, drug offense, driving under the influence, theft, failure to secure load, distracted driving, speeding in a construction zone or school zone, criminal trespass, disorderly conduct, interruption or harassment of a communication device, operating a vehicle without insurance, or others.