What are my rights in court?
Within 72 hours after your arrest, the judge must:
1. Tell you the crime of which you are accused and explain it to you if you do not understand it.
2. Give you a copy of the written complaint against you if you do not have one already.
3. Give you a continuance (more time) to get an attorney, or appoint one for you if there is a possibility you could go to jail if convicted and you can't afford to pay an attorney to help you.
4. Tell you the nature and effect of the pleas you may enter. You may enter a plea of not guilty, no contest or guilty.
Not guilty means you do not give up any of your rights, including the right to a trial. If you are in doubt, plead not guilty.
No contest means you admit the facts in the complaint are true, but you deny guilt. For instance, if there was a sudden emergency in a car crash, the facts may be true but you may still not be guilty of any crime. The judge may find you guilty or not guilty. Most no contest pleas result in a guilty finding unless the arresting officer has cited you under the wrong statute or ordinance, or if the arresting officer’s written statement of facts fails to sufficiently support the charge. A no contest plea allows you to appeal and is a legal strategy your attorney might use to defend you. A no contest plea also can't be used in a lawsuit against you for money. For example, you did drive the car that crashed with another car but the other driver caused the accident.
Guilty means you admit the crime(s) of which you are accused and waive (give up) your right to a trial, where the prosecution would have to prove you guilty beyond a reasonable doubt. You give up your right to cross-examine the prosecutor's witnesses and police and call witnesses in your own defense. You also give up your right to remain silent and your right to appeal if you lose the trial. The judge may sentence you immediately or at a later hearing. A guilty plea can later be used to prove you were at fault in a civil lawsuit. A guilty plea can also lay the basis for a harsher punishment if you are later convicted of another offense.
You are entitled to have a record made by a court reporter or tape recorder of what has happened in the courtroom. Then, if a question later arises, you have evidence of what happened when you were in court.
Based upon "Your Rights if Questioned, Stopped or Arrested by the Police" © February 2015 Ohio State Bar Association
Ohio State Bar Association, PO Box 16562, Columbus, OH 43216-6562, (800) 282-6556 or (614) 487-2050, www.ohiobar.org
Within 72 hours after your arrest, the judge must:
1. Tell you the crime of which you are accused and explain it to you if you do not understand it.
2. Give you a copy of the written complaint against you if you do not have one already.
3. Give you a continuance (more time) to get an attorney, or appoint one for you if there is a possibility you could go to jail if convicted and you can't afford to pay an attorney to help you.
4. Tell you the nature and effect of the pleas you may enter. You may enter a plea of not guilty, no contest or guilty.
Not guilty means you do not give up any of your rights, including the right to a trial. If you are in doubt, plead not guilty.
No contest means you admit the facts in the complaint are true, but you deny guilt. For instance, if there was a sudden emergency in a car crash, the facts may be true but you may still not be guilty of any crime. The judge may find you guilty or not guilty. Most no contest pleas result in a guilty finding unless the arresting officer has cited you under the wrong statute or ordinance, or if the arresting officer’s written statement of facts fails to sufficiently support the charge. A no contest plea allows you to appeal and is a legal strategy your attorney might use to defend you. A no contest plea also can't be used in a lawsuit against you for money. For example, you did drive the car that crashed with another car but the other driver caused the accident.
Guilty means you admit the crime(s) of which you are accused and waive (give up) your right to a trial, where the prosecution would have to prove you guilty beyond a reasonable doubt. You give up your right to cross-examine the prosecutor's witnesses and police and call witnesses in your own defense. You also give up your right to remain silent and your right to appeal if you lose the trial. The judge may sentence you immediately or at a later hearing. A guilty plea can later be used to prove you were at fault in a civil lawsuit. A guilty plea can also lay the basis for a harsher punishment if you are later convicted of another offense.
You are entitled to have a record made by a court reporter or tape recorder of what has happened in the courtroom. Then, if a question later arises, you have evidence of what happened when you were in court.
Based upon "Your Rights if Questioned, Stopped or Arrested by the Police" © February 2015 Ohio State Bar Association
Ohio State Bar Association, PO Box 16562, Columbus, OH 43216-6562, (800) 282-6556 or (614) 487-2050, www.ohiobar.org