Do I have a right to an attorney
in municipal court?
Yes. You are constitutionally
entitled to have counsel
represent you at all proceedings
before the municipal court. The
court will only appoint counsel
(the public defender) if the
City Prosecutor is seeking jail
and you are indigent or in
custody. If you are not
indigent or in custody, you will
have to hire counsel.
Do I have a right to a jury
trial?
Yes. In order to have a jury
hear your case, you must pay a
$25 jury fee and file a WRITTEN
DEMAND for a jury WITHIN 10 DAYS
of your not-guilty plea. If you
are indigent, you may file a
motion to ask the court to waive
the fee.
If you do not pay the jury fee
within 10 days of pleading
not-guilty, the court will
determine that you waived your
right to a jury trial. And you
get your $25 back if the case
does not go to trial.
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Should I demand a trial by a
jury?
Yes. Too many people charged
with municipal offenses waive
their right to a jury. They
might assume that the prosecutor
will dismiss their case. It can
also be scary to consider
arguing a case before a jury, as
opposed to speaking to a judge;
but that’s why you need an
attorney who is trained in trial
practice.
The fact is: a jury may be your
best chance of winning.
What are the advantages of have
a jury decide my case?
Some advantages of having a jury
decide the case are:
Common citizens are more likely
than judges to understand that
cops make mistakes.
Citizens who put
themselves in the accused's
shoes are more likely to hold
the prosecution to its burden to
prove the case
beyond a
reasonable doubt.
It is harder for the prosecution
to convince six jurors than one
judge that a person is guilty.
What
is Diversion?
Some city courts, like Denver,
may offer first-time offenders
the option of participating in a
Diversion program. Some courts
do not have the resources to
offer diversion.
Diversion takes your case
outside of the criminal justice
system. If you are accepted
into Diversion, your case will
be dismissed if you participate
in and pay for classes. Typical
classes include, theft, life
skills, and conflict
management. Diversion is not an
option for domestic violence
cases.
What is a Deferred Judgment?
A Deferred Judgment (“DJ”) is a
type of plea bargain. In a
deferred judgment, the defendant
pleads guilty to a crime, but is
not sentenced. The defendant is
not convicted of the crime. The
sentence is delayed for a period
of time (usually 12 months) on
the condition that the defendant
does certain things.
The defendant may be required to
take classes, take urine tests,
pay court costs, break no laws,
or pay restitution during the
period of the deferred judgment.
A
DJ can be supervised or
unsupervised.
If the defendant fully complies
with the terms of the DJ, his or
her case will be dismissed
entirely. The defendant can
then petition the court to seal
the record and the arrest. On
the other hand, if the defendant
violates the terms of the DJ, he
or she will be sentenced for the
crime they pled guilty to. The
charge will then become a
conviction.
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What happens if I violate
probation?
The probation officer (“PO”)
files a probation violation
complaint, which must state the
alleged violations (e.g.,
unexcused absences from class,
positive UA, not keeping
scheduled meetings with PO).
You will be ordered to appear
in court to admit or deny the
violations. You have a right to
a hearing to determine if you
violated the terms of
probation. The prosecution must
only prove a violation by a
preponderance of the evidence (a
lower standard than “beyond a
reasonable doubt”).
If the judge finds that you
violated probation, he or she
will re-sentence you. The judge
can:
