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If
you are arrested or charged with a crime,
even a traffic violation, you have certain
constitutional rights. It is wise to exercise
these rights even if you later decide to plead
guilty to the charges.
What are these rights?
You have the right to remain silent and to
refuse to answer any questions asked by police
officers and other officials about the event.
Anything you say may be used against you.
You have the right to have a lawyer represent
you. If you cannot afford to pay for a lawyer, you
can ask the judge to appoint one for you.
You have the right to a public and speedy
trial, either to a jury or to a judge only.
You You are not required to prove your
innocence; instead, you are presumed innocent of
any crime unless the district attorney (city
attorney in a municipal court) presents sufficient
evidence to prove your guilt beyond a reasonable
doubt.
You are entitled to testify in your own defense
if you want to, but you cannot be forced to
testify.
You and your attorney may cross-examine any
person who testifies against you.
You are allowed to bring in witnesses, and the
judge can order any person you want as a witness
to appear in court.
If you are found guilty, you have the right to
appeal. You also have the right to make a
statement or present additional information to the
judge at the time of sentencing. The judge decides
the sentence unless the death penalty is a
possibility. In such a capital case, a panel of
three judges decides what sentence shall be
imposed—life imprisonment without parole or
death.
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