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If you appear in court for your criminal or traffic
case, the first proceeding is an arraignment. This is largely a
procedural hearing, but certain important information is reviewed,
including the nature of the charge, the maximum and minimum penalties,
what your rights are, the bond in your case and your plea to the
charge. Keep in mind that the arraignment is not a trial, and explanations
as to the facts are generally not received by the court unless
there is a plea of no contest or guilty. At the start of the arraignment,
the Judge will give an explanation of your rights. The court will
state as follows:
“You are here because you have been charged
with a criminal or traffic violation in violation of either
the Ohio Revised Code, the Code of Ordinances of the City of
Tiffin or the code of ordinances of one of the various villages
located in Seneca County. This proceeding is known as your arraignment.
In a few minutes the prosecutor will call your name, give a
brief description of the offense which you have been charged
with and state the maximum penalty for that offense. I will then
ask a series of questions and will finish by asking you how you
wish to proceed. Before we do that, I want to give you a short
explanation of the available pleas that you may enter in this
case.
You may plead not guilty, which is a complete
denial of the charge.
You may plead guilty, which is a complete
admission of the charge.
You may plead no contest, which is
not an admission of guilt, but is an admission of the truth
of the facts alleged in the complaint. A plea of no contest cannot
be used against you in any other civil or criminal proceeding.
You may plead not guilty by reason of insanity,
but this must be done in writing.
If you plead guilty or no contest,
I will try to dispose of your case immediately. If you are
not a citizen of the United States, you are hereby advised that
a conviction of the offense to which you are pleading guilty
or no contest may have the consequences of deportation, exclusion
from admission to the United States, or denial of naturalization
pursuant to the laws of the United States.
If you plead not
guilty, your case will be scheduled for trial at a later date.
Before you enter a plea, I must inform you that:
You have the right to hire an attorney, even
if you intend to plead guilty at a later time, and you have
the right to a reasonable continuance of this arraignment in
order to hire an attorney;
In any case for which you could
be imprisoned, you have the right to have an attorney assigned
to represent you if you cannot afford to hire one;
You have
the right to bail;
You have the right to remain silent at any
point in this proceeding and any statement you make can and
may be used against you;
You have the right to a trial by jury,
except in minor misdemeanor cases, but you must file with the
court a written demand for a jury within the proper time limit;
Finally, if you are convicted of a traffic violation,
you should be made aware that a record of that conviction will
be sent to the Ohio Bureau of Motor Vehicles and will become
a part of your permanent driving record.
Afterward, each person’s
name is called and asked to step forward to the podium and
speak with the judge specifically about their case. The Judge may
ask a few questions about your knowledge of the charge, the penalties,
and your rights to insure you are aware of what is going on
in the proceeding.
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