Centennial Municipal Court Advisement of Rights

The following page provides an explanation of your rights in this court. Before you enter into plea discussions with the Prosecuting Attorney or appear before the Judge, you must acknowledge your advisement of rights. You do not have to speak with the Prosecutor, but the purpose of that discussion is to explore a disposition or plea bargain in your case. If you do not want to enter into a plea bargain with the Prosecutor, you have the right to plead Not Guilty and set your case for trial.

Advisement of Rights

This is your advisement of rights. Please read through it thoroughly. If you are under 18 years of age, you must review these rights with your parents or legal guardian.

You Have The Following Rights

To be presumed innocent of the charges, and if you plead not guilty the prosecution must prove your guilt beyond a reasonable doubt. To be represented by an attorney at your own expense. You have the right to have this arraignment continued to obtain one. In certain cases, if you cannot afford an attorney, one may be appointed to represent you. To a full explanation of the nature of the charges against you. If you do not understand what you are charged with, ask the Judge. The maximum sentence the court may impose on each charge is listed on this page.

To enter a plea that is voluntary and not the result of undue influence or coercion on the part of anyone. A plea of guilty means that you give up the right to require the prosecution to prove your guilt beyond a reasonable doubt. If you plead not guilty, you will have a trial to a judge or, in certain cases, a trial to a jury. To obtain a jury trial, you must request in writing a jury trial and post a $25.00 jury deposit within twenty-one (21) days after the arraignment or entry of a plea. The jury shall consist of three (3) people, unless a greater number, not to exceed six (6), is requested. The jury deposit may be waived if you show that you are indigent. To testify or not testify on your own behalf. Your silence cannot be used against you. If you make any statement, it can and may be used against you. You have the right for the Court to issue subpoenas to compel witnesses to testify for you. You have the right to cross examine witnesses called to testify against you. To a speedy trial within 91 days of your not guilty plea. To make a statement before any sentence is imposed upon you. You have the right to appeal a conviction within thirty-five (35) days after the date of entry of the judgment or the denial of post-trial motions, whichever is later. To bail and to be advised as to the amount of bail set by the Court. If you are not a citizen of the United States, you are advised that a conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the U.S., or denial of naturalization pursuant to the laws of the U.S. Consulting with an attorney is recommended prior to entering a plea of guilty or nolo contendere.

Maximum Penalties

ADULT

$2,650.00 fine, a jail sentence of 364 days, or both.

JUVENILE

$2,650.00 fine. Failure to comply with a court order could result in a sentence to a juvenile detention facility for up to 48 hours.

Payments

The court expects you to pay all fines and court costs on the day you receive your sentence. If you cannot, you need to discuss payment with the Court. If you are granted payment arrangements by the Court and you cannot pay as ordered, you must appear in the Court on your required payment due date and request and extension from the Judge. If you fail to appear and do not pay your outstanding balance, fines and costs will be entered against you and could be transferred to a collection agency.

Sealing of Criminal Justice Records (Convictions) in Municipal Court

You may file a motion in which any conviction records pertaining to your municipal violation are located if the motion is filed three or more years after the date of the final disposition and/or release from supervision concerning the criminal conviction (whichever is later) and you have not been charged or convicted of a felony, misdemeanor or misdemeanor traffic offense in the three or more years since this date (final disposition and/or release from supervision) and the conviction records you are asking to be sealed are not for a misdemeanor traffic offense committed either by a holder of commercial learner’s permit or a commercial driver’s license. In most cases you may also file your motion to seal in the District Court. You are responsible for paying the filing fee associated with this motion. Additional information can be found in §24-72-708 of the Colorado Revised Statutes. Traffic violations are not eligible for sealing.

Sealing of Criminal Justice Records (Non-Convictions) in Municipal Court

If you completed a diversion agreement, or a deferred judgement and sentence, or if your case was dismissed, or if you were acquitted of all counts in the case, then the Court will seal your record at no additional cost to you. Additional information can be found in §24-72-705 of the Colorado Revised Statutes. Traffic violations are not eligible for sealing.