ARRAIGNMENT

Municipal Court for the Town of Wheatland will now be in session. This is the _____ day of ____________, 2014, and the case before us is the TOWN OF WHEATLAND v.__________________________, Docket #_____________________.Those present today are ______________________________________________________ . ________________is your name listed correctly on the citation/complaint?

_________________this proceeding is called an arraignment. The purpose of it is to explain what you are accused of having done, the maximum possible penalty for it if you should plead guilty and are found guilty, and also to explain your constitutional rights.

You are charged with______________________________in violation of section

________of the Wheatland Town Code.(Read ordinance) The maximum possible penalty is $750 plus $10 Court Costs.

Do you understand what you are accused of having done? And do you understand the possible penalty?

You have read over your constitutional rights. I need to point out to you that you have a right to an attorney but in this Court you do not have the option of a Court appointed attorney. The reason for that is that there is no possibility of jail time being ordered for an offense in this Court. Do you understand that? There is also not the option for a jury trial.

You have the right to remain silent. You do not have to give any testimony as a witness in a trial that may be held in this case. You are presumed innocent by this Court until you have been found otherwise.

If you plead not guilty, you have the right to a fair and impartial trial before me. During this trial you will have the opportunity to confront any witnesses against you and bring any witnesses before the Court to testify on your behalf. Do you understand?

If you should plead not guilty and are found guilty after trial you have a right to appeal that decision to district court.

Do you wish to have an attorney present? Do you have a copy of the citation you were issued? (Place Under Oath)

Now, in a moment I'm going to ask you to plead either guilty or not guilty. If you plead guilty, that means you admit to doing exactly what you are accused of. If you are in doubt for any reason then you should plead not guilty and we will set this for a bench trial at the earliest possible time.

Has anyone made any promises or inducements to try to get you to plead guilty? Has anyone tried to force or coerce you to plead guilty? Are you under the influence of alcohol or drugs or have any physical or mental defects that would affect your decision-making? How do you plead to the charge-guilty or not guilty? (If not guilty set for trial)

(Guilty)

By pleading guilty, you waive or give up your right to have a trial, your right to confront the witnesses against you and to cross-examine them, your right to be represented by a lawyer, and your right to remain silent. Do you understand that?

Do you still wish to plead guilty? (Factual Basis)

I will accept your plea of guilty. Is there anything you wish to say before I impose sentence against you?