YOUR RIGHTS IN THE CITY OF FRUITA MUNICIPAL COURT REGARDING AN ALLEGATION THAT YOU VIOLATED A CONDITION OF , A DEFFERED , OR A CONTEMPT OF COURT CITATION.

You previously appeared in the City of Fruita Municipal Court and received by a order of the courta probation sentence, a stipulation for a deferred sentence. A written Motion/Complaint has been made alleging that you violated condition(s) of your sentence to probation and/or a contempt citation was issued by the court.

What are my rights? 1. To (depositing money ordered by the Court to secure your attendance in Court) if you are in custody;

2. You do not need to make any statements. Any statements you do make could be used against you. You may or may not testify on your behalf at a revocation hearing. If you choose not to testify your silence will not be used as an inference of guilt. If you choose to testify you may be cross-examined by the City Attorney. If you have any felony , those convictions may be used to impeach your credibility.

3. You are presumed innocent of the charge(s). The City Attorney (also known as the prosecutor) is required to prove any new law violation(s) beyond a reasonable doubt before you would be considered in violation of your sentence/stipulation;

4. You have the right to a lawyer. The City Attorney is not your lawyer and represents the City. You are eligible for a court appointed lawyer at no expense only if you cannot afford a lawyer (and meet current federal poverty guidelines) and your re-sentence has the possibility of jail. You may want to hire or consult with a lawyer before you make any decisions about your case. Your lawyer can advise you about plea bargaining, and other issues such as your driver’s license (and your immigration status, if you are not a U.S. citizen). If you want to consult with a lawyer, ask to set your case for a pre- conference. This is a conference where you, your lawyer, and the City Attorney discuss your case;

5. To have process issued by the Court (issuance of a subpoena), without expense to you, to compel the attendance of witnesses on your behalf; and to testify or not testify on your own behalf at a revocation hearing. You also have the right to cross-examine the witnesses called by the City Attorney.

6. Any plea you make must be voluntary, knowingly, and intelligently made. Do not enter a plea if you are feeling forced, coerced, or under the influence. There are two possible pleas you may make: ADMIT or DENY. If you ADMIT that you violated the conditions of your sentence/stipulation, the penalties outlined below will be available to the Court. If you DENY that you violated the conditions of your sentence/stipulation, your case will be set for a revocation hearing.

7. You have a right to a revocation hearing without a jury for any violation(s) alleged.

8. If you are found in violation of your sentence/stipulation at the revocation hearing the penalties outlined below will be available to the Court. Additionally, you may appeal the ruling to the Mesa County District Court. In order to do so you must, within thirty-five (35) days of the entry of the judgment, file a Notice of Appeal pursuant to Rule 37 of the Colorado Rules of . Once the thirty-five (35) days expire you lose your right to appeal.

What are the possible penalties in the Fruita Municipal Court if I am found in willful violation of the conditions of my sentence/stipulation?

If you are on probation, the Court may re-sentence you up to the original maximum penalties proscribed by law for the offense you pled or were found Guilty of. This also includes pleas of “Guilty” pursuant to an “Alford” plea and “No Contest”.

If you entered into a stipulation for a deferred sentence, the Court may re-sentence you up to the original maximum penalties proscribed by law for the offense you pled guilty to. Additionally, your deferred Guilty plea will be accepted by the Court and recorded as a permanent . This also includes pleas of “Guilty” pursuant to an “Alford” plea and “No Contest”.

If you are on a , the suspended portion of your sentence will be imposed.

If you entered into a stipulation for a deferred prosecution, the original offense will be reinstated.

If you are not a citizen of the United States of America, a violation of the Fruita Municipal Code may affect your right to stay in the United States of America.

I HAVE CAREFULLY READ, AND I UNDERSTAND, THE ABOVE ADVISEMENT OF RIGHTS. I UNDERSTAND THAT IF I DO ENTER A PLEA OF GUILTY TO THE CHARGE(S) I AM WAIVING AND GIVING UP ALL OF THESE RIGHTS IN SECTIONS 1, 2, 3, AND 4 ABOVE.

Print Name______Date ______

Address______Phone______

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______Defendants Signature Parent/Guardian Signature

______ATTORNEY’S SIGNATURE & REGISTRATION #

ACKNOWLEDGEMENT OF RIGHT TO AN ATTORNEY I ACKNOWLEDGE AND UNDERSTAND MY RIGHT TO HAVE A ATTORNEY REPRESENT ME AS EXPLAINED IN SECTION 1. I AM VOLUNTARILY GIVING UP THAT RIGHT AND I CHOOSE TO ENTER A PLEA OF GUILTY OR NOT GUILTY AT THIS HEARING WITHOUT THE ADVICE OF A ATTORNEY.

______Defendants Signature Parent/Guardian Signature