Court Procedures
Municipal Court Procedures
The following document has been prepared to explain Court procedures and the rights and obligations of Defendants in Rifle Municipal Court.
The following document has been prepared to explain Court procedures and the rights and obligations of Defendants in Rifle Municipal Court.
- Advisement of rights: The Municipal Court Judge begins each session with a general advisement of each defendant’s rights in Municipal Court.
- Arraignment: When your name and case is called, please come forward to the podium located in the middle of the Courtroom. If you do not understand your rights or if you were not present when the general advisement of rights was given, ask the Judge to explain your rights. The Judge will read the charge(s) against you, and you will be asked to enter a plea to the charge(s). You may enter one of three pleas:
- Guilty: A guilty plea indicates that you admit and do not wish to contest the charge(s) against you. The Judge will provide you with an opportunity to explain the circumstances concerning the charge(s). A guilty plea must be made intelligently and voluntarily and not as the result of any threats, coercion, or promises of leniency.
- Not Guilty: A plea of not guilty indicates that you contest the charge(s) and/or that you are requiring the City to prove the charge(s) against you. Upon a not guilty plea, the matter will be tried or set for trial, and the City Attorney will be required to prove your guilt beyond a reasonable doubt. If you fail to appear for the scheduled trial, a bench warrant may be issued for your arrest and an additional charge for failure to appear may be filed against you.
- Nolo Contendere: A plea of nolo contendere (no contest) indicates that you do not admit your guilt, but that you will not contest the charge(s). The plea has the same legal effect as a plea of guilty.The Judge will provide you with an opportunity to explain the circumstances concerning the charge(s).
The Defendant’s Rights
As a Defendant, you have the following rights in Municipal Court:
You have an obligation to the Court to appear timely and promptly and to maintain yourself in a quiet and orderly manner in the Courtroom.
As a Defendant, you have the following rights in Municipal Court:
Obligations of Defendant
- Continuance: The right to a reasonable postponement of a legal proceeding to a later date to determine the plea you wish to enter, to consult with an attorney, or for any other good reason.
- Right to be represented by an attorney: You have the right to be represented by an attorney at all stages of the proceedings (at your own expense), but you are not required to retain an attorney.
- Court appointed counsel: If you are unable to afford an attorney, then you may have the right to be represented by a court appointed attorney. The Judge will make this determination based on your financial situation.
- Jury trial: (A trial held before a judge sitting with a jury to resolve factual issues) You have the right to a jury trial if you request one in writing within 21 days of the date of your arraignment or your entry of a plea. The written request must be accompanied with a jury fee of twenty-five dollars ($25). You may specify up to six (6) jurors.If you do not specify a certain number, you will have a jury of three (3).
- Bench Trial: (A trial held before a judge sitting without a jury) Upon a not guilty plea, the matter will be tried or set for trial, and the City Attorney will be required to prove your guilt beyond a reasonable doubt. If you fail to appear for the scheduled trial, a bench warrant may be issued for your arrest and an additional charge for failure to appear may be filed against you.
- Cross-examination: You have the right to cross-examine any witnesses called by the prosecution to testify against you.
- Subpoena of witnesses: You have the right, and will be given the opportunity, to present witnesses on your own behalf. The court will prepare subpoenas, without expense to you, for any witness whom you delegate, but you will be liable for the expense of witness fees and it is your responsibility to get subpoenas served by a third party unless you prove you are unable to pay such expenses.
- Appeal: You have the right to appeal the Court’s or jury’s decision to the District Court of Garfield County. The appeal must be filed within thirty (30) days from the date of the verdict.
You have an obligation to the Court to appear timely and promptly and to maintain yourself in a quiet and orderly manner in the Courtroom.