City of Orem Justice Court

YOU ARE REQUIRED TO NOTIFY THE COURT OF ANY ADDRESS CHANGE WITHIN 48 HOURS

PLEAS: 

You may plead:  a) not guilty; b) not guilty by reason of insanity; c) guilty and mentally ill; 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 counsel.  Details concerning this right are covered on the second sheet of this form.

2.  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.

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

4.  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.

5. 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.

6. 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.

7. 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.

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 will be imposed today (if you waive time for sentencing) or you have the right to return another day (within 2 to 45 days).  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.  

PENALTIES (MINIMUM / MAXIMUM SENTENCES):  Class B Misdemeanor (0 days to 6 months jail, $0 to $1,940 fines and surcharges, plus interest); Class C Misdemeanor (0 days to 90 days jail, $0 to $1052.50 fines and surcharges, plus interest); Infraction (no jail, $0 to $1052.50 fines and surcharges, plus interest). 

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 re-entry into the United States.  I understand that if I have questions about the effects of my plea on my immigration status, I should consult with an immigration attorney. 

If you plead guilty, no contest or are convicted of certain offenses, you may suffer additional legal consequences beyond any jail, probation or fines that the Court may order.  These may include:

• Additional penalties from the Utah Driver’s License Division including, but not limited to, the suspension of your license, requirement to take specific education courses or being required to carry SR22 insurance. 
• Being unable to get or keep some licenses, permits or jobs.
• Being unable to get or keep benefits such as public housing or education.
• Receiving a harsher sentence if you are convicted of a similar offense in the future.  Which could include a higher fine, and/or the case being charged with a higher classification (misdemeanor or felony depending on the violation). 
• Being unable to own or possess a firearm or ammunition (if the offense involves domestic violence).
• Being required to submit to a mandatory test to determine if the offender is an HIV positive individual (if the offense involves sexual solicitation).
• If you are not a United States citizen, a guilty plea, no contest plea or conviction may result in your deportation, removal, exclusion from admission to the United States, or denial of citizenship.

Some of the more common offenses that could result in one or more of these additional consequences include, but are not limited to:

• DUI, Metabolite and Impaired Driving
• Domestic Violence
• Minor Alcohol Violations (between age of 18 – 21)
• Possession of a Controlled Substance
• Theft
• Electronic Communication Harassment
• Custodial Interference
• Sexual Solicitation
• Animal Cruelty
• Lewdness
• Littering
• Operating Vehicle Without Insurance
• Using Handheld Device While Operating Vehicle
• Speeding in a School Zone
• Failure to Secure Load

The law may provide ways to obtain some relief from these consequences.  If you wish to receive further information about these possible consequences you are encouraged to talk with an attorney.

The Right to an Attorney.  You have been charged with the criminal offense(s) listed in the citation or information.  You have the constitutional right to be represented by an attorney throughout all proceedings.  If the offense is one for which the court may impose jail time – even suspended jail time – and you cannot afford an attorney, the court will appoint an attorney to represent you.  You also have the right to represent yourself.  At the end of this document you will choose how you would like to proceed at this time.

If You Cannot Afford an Attorney.  If the charges include the potential for a jail sentence (i.e., any of the charges is a Class A, B, or C misdemeanor or felony charge) and you do not have enough income or assets to hire your own attorney, the court will appoint an attorney to represent you, unless you choose to represent yourself.  Let the court know if you would like to determine whether you qualify for a court-appointed attorney.  If you do not meet the eligibility guidelines to have a court-appointed attorney, you still have the right to an attorney, but the attorney must then be retained at your own expense.

The Right to Represent Yourself.  You also have the constitutional right to represent yourself and to proceed without an attorney.  Before choosing this option you should consider the following risks and responsibilities associated with self-representation:

• Criminal defense is a highly specialized and technical area of the law.
• A criminal conviction may result in consequences consisting of financial penalties and jail time.
• There may be factual, legal, or other defenses to the charge(s) that an attorney may be able to discover and explain to you.
• There may be issues related to the conduct of trial or the entering of a guilty plea that you may not know and it would be your attorney’s responsibility to be aware of those issues and to properly address them before the court.  The court cannot advise you on how to proceed with or try your case.
• There may be collateral consequences based on a conviction or guilty plea, such as increased penalties for subsequent offenses, suspension of your driver’s license, restriction of your right to possess firearms and ammunition, or consequences on your immigration status.  An attorney could advise you about those consequences.
• If you exercise your right to proceed without the services of an attorney, you are responsible for complying with the rules of court, including rules of evidence and other rules of procedure. 
• You will be expected to exhibit proper behavior before the judge and jury.
• You will be required to pay for all defense expenses that could be provided as part of a public defender’s representation, including the costs of investigators and expert witnesses.
• Given the above considerations, the court encourages you not to represent yourself.