Fill and Sign the Lindsey V State of Alabama Document 4 Form

State of Alabam a Unified Judicial System Form C-8 2 Rev .11/92 ADVICE OF RIGHTS ON INITIAL APPEARANCE BEFORE JUDGE OR MAGISTRATE (Misdemeanor or Municipal Ordinance Violation) Case Num ber IN T HE________________________________________COURT OF ____________________________________,A LABAMA (Circuit, District or Municipal) (Name of County or Municipality) … STAT E OF AL AB AM A … MUNICIPA LITY OF _________________________________________ v . ______________________________________ D efendant This is a first appearance hearing. You are charged with committing the offense(s) of__________________________ ________________________________________________________________________\ ______ in this court in violation of ______________________________________________________________________. \ The primary purpos e of this hearing is to ensure that you know and understand the charge or charges against you. At this hear ing, there will be no determination made about your guilt or innoc ence of the crime charged, but only a determination that you know and understand the charge or charges against you and the rights you and the rights you have under the law at this time. If you are before the court on a complaint following a warrantless arrest, the judge or magistrate will determine whether t here is probable cause for the charge against you and the rights you hav e under the law at this time. In addition, the purpose of this hearing is to determine w hether bail should be set in your case; or, if it has be en already set, if it should remain the same, be raised, be lo wered, or w hether y ou shoul d be released upon y our personal recognizance (that is, y our promise to appear for future court proceedings) or releas ed in the custody of some responsible person. In order to make this determinat ion, it w ill be necessary for the judge or magistrate to ask y ou some questions concerning y our ties w ith the community . You are entitled to be represented by an atto rney . You have a right to have y our ow n attorney and will be given time and opportunity to retain an attorney . If y ou are unable to affo rd an attorney , one w ill be appointed for y ou by the court if you qualify for such representation. It w ill be necessary for you to complete an indigency questionnaire under oath in order for the court to make this determination. You have a right to talk with your attor ney , family , or friends and, if nec essary , reasonable means w ill be provid ed in order to enable you to do so. You have the right to remain silent. Anything that you say may be used against you. You have the right to have a trial. Some charges are automatica lly scheduled for trial. If you plead “not guilty, ” the case w ill be set for trial as soon as is possible. If y ou are released from custody (w hether pers onal recognizance or otherw ise), y ou must: 1) Appear to answ er and submit to all orders and proce ss of the court having jurisdiction in the case. 2) Refrain from committing any criminal offense. 3) Not depart from the State of Alabam a w ithout the leave of the court having jurisdiction of this case. 4) Promptly notify the court of any change of addr ess or the phone number. 5) Other conditions:______________________________________________________________\ _______________ ________________________________________________________________________\ ___________________ ________________________________________________________________________\ ___________________ ________________________________________________________________________\ ___________________ The provisions of the Release Order may be revok ed or modified by the court fo r cause. T he Release Order and any appearance bond executed in compliance w ith it w ill continue in force and effect until the dismissal, acquittal, or conviction on the charges, unless sooner revo ked or modified by the court. Upon repor t of a violation of any of the above conditions, a w arrant for y our arrest w ill be issued. __________________________________ ____________________________________________________ Date Judge/Magistrate I have read or have been advised of the matters herein set forth. I understand the explanation of procedures, rights, and information given to me at the initial court appearance. I unders tand the conditions of my release and the penalties applicable in the even that I violate any c onditions imposed herein. I also understand that failure to ap pear as req uired may su bject me to ad ditio nal ch arg es in th e revo catio n of release. __________________________________ ____________________________________________________ Date Defendant