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Fill and Sign the Silence Penalty Iowa Law Review the University of Form

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TR -210 ( 3/14) (cs) Minor Offense Legal Rights and Plea Options MINOR OFFENSE LEGAL RIGHTS AND PLEA OPTIONS Your Rights You have the right: 1. To either testify or not testify at trial . Remaining silent at trial is not proof that you are guilty . 2. To be informed of the charges against you. 3. To be represented by an attorney at your expense . You do not have a right to a court - appointed attorney if you cannot afford one. 4. To ask to have your trial rescheduled if you need time to consult with an attorney , to get witnesse s, or for other good cause. 5. To a public trial by a judge or magistrate judge within 120 days from the date your request for trial is received. You do not have a right to a jury trial . If you ask to reschedule your trial , the number of days the trial is delayed will be added to the 120 days. 6. To be presumed innocent until you are proven guilty. At trial, the prosecution must prove you are guilty beyond a reasonable doubt. 7. To have subpoenas issued for witnesses to require their attendance at trial. 8. To question witnesses who appear at tria l to testify against you. 9. To present relevant evidence and testify on your own behalf. 10 . To appeal the court’s decision to a higher court. Plea Options You may enter a plea of either NOT GUILTY or NO CONTEST to the charge against you.  NOT GUILTY. If you plead NOT GUILTY, you will get a trial.  NO CONTEST. If you plead NO CONTEST,  You will give up your right to a trial and the other rights listed above, and  A judgment of conviction will be entered against you for the total amount due listed on the citation. If no amount is listed on the citation, the judge will tell you the maximum penalty that can be imposed for this offens e, and  Any seized item listed on your citation will be forfeited to the government , and  Traffic C ase s. The points listed o n your citation will be assessed against your driver’s license. If you accumulate 12 points within 12 months or 18 points within 24 months, the Division of Motor Vehicles will suspend your driving privileges. If you are convicted of more than one traffic offense committed on a single occasion, you will be assessed points for only the offense having the highest point value. AS 28.15.231(c).  Fish and Game Cases. If you have a prior conviction for a fish and game offense in the last two years , an action may b e filed to revoke your license under AS 16.05.410(g). If this is a commercial fishing offense, points may be assessed against your fishing permit. By signing below, I acknowledge that I have read the rights and plea options listed above, and that I unde rstand them. Date Defendant’s Signature Print Name

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