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Your
Rights As a Defendant In A Criminal Case
If
you receive a traffic or criminal citation or are served with
a summons or a warrant of arrest, you are considered to be
a defendant and you have the following rights:
You Have a Right to a Trial. The City or State
must prove that you are guilty beyond a reasonable doubt.
In District Court, the trial is held before a Judge and you
do not have the right to a jury trial.
You Have the Right to Remain Silent. Anything
you say in Court can be used against you. You will be called
upon to enter a plea of "not guilty", "guilty"
or "no contest". If you plead guilty or no contest,
you may give information regarding the charges against you,
but you are not required to do so; you will be asked to sign
a Judgment form which you will be given a copy of before you
leave. If you plead not guilty and the matter proceeds to
trial, you do not have to testify at your trial. The Judge
cannot consider your failure to testify as proof of your guilt.
If you do testify, you will waive your right to remain silent
and you must answer questions from the prosecutor and perhaps
the Judge.
You Have the Right to Counsel. You have the
right to consult with a lawyer prior to entering a plea and
prior to trial of your case and to have a lawyer represent
you during the trial. You may act as your own attorney if
you choose. If you are charged with an offense that carries
a jail sentence, and if you are indigent and unable to afford
an attorney, you may have the right to have the Public Defender
appointed to represent you. If you do not wish to be represented
by an attorney, you may be required to sign a written "Waiver
of Right to Counsel".
You Have the Right to Appeal. You have the right
to appeal the judgment of the District Court. Your appeal
papers must be filed with the District Court Clerk prior to
30 days from the day of your conviction, and you may be required
to post a bond. It is recommended that you consult an attorney
so that the appeal papers may be properly prepared. If you
appeal, you will be entitled to a new trial before a Judge
or jury in the Circuit Court of Greene County, Arkansas.
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