1 CASE NO. ______________ 2 IN THE JUSTICE'S COURT OF NEW RIVER TOWNSHIP COUNTY OF CHURCHILL, STATE OF NEVADA 3 4 5 6 7 8 9 10 THE STATE OF NEVADA, THE COUNTY OF CHURCHILL, Plaintiff, vs RIGHTS AND ARRAIGNMENT PROCEDURES IN MISDEMEANOR CASES ___________________________________, Defendant, ___________________________________/ You are here because you have been charged with a misdemeanor. If you are convicted of a misdemeanor, you may be fined up to $1,000.00 and/or up to six months in jail, plus an administrative fee unless there is mandatory punishment set by the law. In this court, you have a number of rights of which you should be aware: 11 12 1. Right to counsel (attorney). You have the right to be represented by counsel through all stages of these proceedings. If you wish to retain a lawyer and have not had the opportunity to do so, I will continue this arraignment. If you are indigent, you may be appointed a public defender. 13 2. Right to reasonable bail. 14 3. Right to a fair, speedy, and impartial public trial by jury or judge. 15 4. If you elect a trial, in which the state must prove your guilt beyond a reasonable doubt, you have the following rights: 16 17 18 19 (a) (b) (c) (d) (e) (f) Right to confront the witnesses against you. Right to cross-examine witnesses. Right to remain silent. Right to testify in your own behalf. Right to obtain evidence which may prove you not guilty. Right to present evidence and have subpoenas issued to compel witnesses to appear and testify in your behalf. (g) Right to appeal the findings of this court within ten calendar days. 20 21 22 Today is an arraignment. First you will have the charges against you explained. Secondly, you will be allowed to enter a plea. You must either enter a plea of guilty, nolo contendere with permission of the court, or not guilty. If you plead guilty or nolo contendere (meaning no contest), you will be able to explain the circumstances which brought you to court. These two pleas are virtually the same in criminal court. Nolo contendere pleas are most often used in cases in which civil actions may follow. 23 If you choose to plead guilty, you must indicate to the court that you understand: 24 25 1. The charges against you. 2. The consequences of those charges, and 3. That you intelligently and freely waive your rights. American LegalNet, Inc. www.USCourtForms.com If your case involves a traffic citation, you could suffer the additional consequences of: 1 2 1. Having the Department of Motor Vehicles assess points against your license resulting in the suspension or revocation of your license or having DMV revoke or suspend your license upon a conviction for Driving Under the Influence of Intoxicants. 3 2. Having to attend alcohol/substance abuse course at your own expense. 4 3. Having the Department of Motor Vehicles suspend or revoke your license for a conviction of driving on a suspended or revoked license or driving without insurance. 5 6 7 If you plead not guilty, a trial date will be set for you. You must appear for trial at that time and date. You will be released on reasonable bail. Any person appearing before this court, must be free of alcohol. 8 IF YOU UNDERSTAND YOUR RIGHTS, PLEASE PLACE YOUR INITIALS ON THE LINE TO THE RIGHT OF THE FOLLOWING: 9 1. Right to Lawyer ________ 2. Right to Reasonable bail ________ 10 3. Right to Trial 12 13 14 15 16 A. Right to confront witnesses against me ________ B. Right to cross-examine witnesses 11 ________ C. Right to remain silent ________ D. Right to testify in my own behalf ________ E. Right to obtain evidence which may prove me not guilty ________ F. Right to present evidence and have this court issue subpoenas to compel witnesses to appear on my behalf ________ 4. Right to appeal the decision of this court ________ 17 I give up my right to an attorney: 18 NAME: ______________________________________ PHONE NO.________________________ ADDRESS: __________________________________________________ __________________________________________________ City State Zip 19 20 YES_______ NO________ BIRTHDATE:______________ SOCIAL SECURITY NO:___________________ 21 I hereby affirmatively state that I have read and understand each of the above rights. 22 23 24 25 __________________________________ Signature of Defendant SUBSCRIBED before me this ___________ day of ______________, 20_____. __________________________________ Justice of the Peace, Court Clerk or Notary American LegalNet, Inc. www.USCourtForms.com