Know Your Rights as a Defendant at Municipal Court

You have many rights as a defendant at Municipal Court:

• Under our American system of justice, all persons are presumed to be innocent until proven guilty.
• The State must prove you guilty “beyond a reasonable doubt” of the offense with which you are charged.
• Every criminal defendant has the right to remain silent and refuse to testify (without consequences).
• You have the right to retain an attorney and have them try your case or answer your questions.
• Since offenses in this court are punishable only by fine and not by incarceration, you do not have the right to appointed counsel.
• You have the right to a jury trial. You may waive a jury trial and have a trial before the judge, commonly called a “bench trial.”
• If you elect to represent yourself, no person other than an attorney can assist you during a trial.

At trial you have many rights, including:

• The right to have notice of the complaint not later than the day before any proceedings in the prosecution
• The right to inspect the complaint before trial, and have it read to you at the trial
• The right to hear all testimony introduced against you
• The right to cross-examine witnesses who testify against you
• The right to testify on your own behalf
• The right not to testify (Your refusal to do so may not be held against you in determining your innocence or guilt.)
• You may call witnesses to testify on your behalf at the trial, and have the court issue a subpoena (a court order) to any witnesses to ensure their appearance at the trial.