Advisement of Rights
Avon Municipal Court Advisement of Rights
The Avon Municipal Court is the judicial branch of the Town of Avon. If you are charged with a Town ordinances violation, Avon Municipal Court is the court in which you may be heard. The municipal court provides you the opportunity to defend yourself against an accusation that you have violated a town ordinance.
In every case, there is the presumption of law that you are innocent of the charge until competent evidence proves otherwise or you enter a plea of “guilty”, admitting the charge.
If you are charged with a violation, you have the right to:
- To remain silent.You do not need to make a statement. Any statement you make can, and may be used against you.
- To be fully informed of the charge against you.
- To be represented by an attorney of your choice. If you cannot afford an attorney, you may request one be appointed.
- To plead “guilty,” “not guilty”, or “nolo contendre” (no contest) to the offense with which you are charged.
- To a reasonable continuance for a good cause.
- To a trial by jury. In order to qualify for a jury trial, you must request it in writing within 21 days of the arraignment and a “not guilty” plea. A jury fee of $25 will be required. The fee may be waived by the Judge because of the defendant’s indigence. The case shall be tried by a jury of three, unless the defendant requests a greater number, but no more than six jurors will be allowed.
- To call witnesses in your behalf and to have subpoenas issued by the Court at no expense to you.
- To a list of prosecution witnesses prior to the trial date.
- To cross-examine witnesses who may testify against you.
- To testify in your behalf.
- To appeal this court’s decision to a higher court jurisdiction.
When you plead “guilty“, it is an admission to a violation of the law. At that time a hearing will be scheduled by the court to give you an opportunity to state any facts or extenuating circumstances concerning the offense to which you have admitted guilt.
When you plea “not guilty”, you are entitled to a formal trial by the court or jury to establish the facts. You will be given a date and time for the trial. When your case comes to trial, the burden of proof rests with the prosecution and the charge to be sustained by the court must be proven beyond a reasonable doubt.
When you plead “nolo contendre” or “no contest”, it means that you do not admit or deny the charge, but you are not contesting the charge. A person who pleads “Nolo contende” can be given the same sentence as if pleading guilty.