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Rights in Municipal Court

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What are my rights?

A defendant appearing without counsel at arraignment shall be advised by the court of the nature of the charges contained in the complaint and the maximum penalty the court may imposed in the event of a conviction; in addition the court shall inform the defendant of the following rights:

  • YOU HAVE THE RIGHT TO BAIL if you are in custody.
  • YOU HAVE THE RIGHT TO MAKE NO STATEMENT, and that any statement can and may  be used against the defendant.
  • YOU HAVE THE RIGHT TO BE REPRESENTED BY COUNSEL (ATTORNEY)and if indigent, the right to appointed counsel as applicable.
  • YOU HAVE THE RIGHT TO HAVE PROCESS ISSUED BY THE COURT, (issuance of a subpoena), without expense to you, to compel the attendance of witnesses on your behalf.
  • YOU HAVE THE RIGHT TO TESTIFY OR NOT TO TESTIFY in the defendant's behalf.
  • YOU HAVE THE RIGHT TO A JURY TRIAL IF THE LAW ALLOWS IT AND you file a written request for a jury trial ("demand for jury trial") and pay a $25 jury fee within 21 days after arraignment of entry of plea; also the number of jurors you are allowed by law.  The jury fee may be waived by the judge because of the indigence of the defendant. There is no right to a jury trial for a traffic infraction.
  • YOU HAVE THE RIGHT TO APPEAL the court’s decision to the District Court

See Colorado Rule of Municipal Procedure (C.M.C.R.) 210.

THE GENERAL PENALTIES for a violation of the Longmont Municipal Code that may be imposed is a fine up to $999.00 or by imprisonment up to 180 days, or by both such fine and imprisonment.  Traffic infractions are subject to a fine of up to $500 and no imprisonment.  Traffic offenses are subject to a fine up to $500.00 or by imprisonment up to 180 days, or by both such fine and imprisonment.  Certain violations of the Longmont Municipal Code are subject to minimum fines and applicable court costs.

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