Traffic Arraignment Advisement of Rights

Jan 04, 2021

Video Arraignment Appearance

The arraignment, also known as the “first appearance” is where you are advised of the charges against you and are given an opportunity to enter a plea to those charges.

Guilty: You admit guilt and agree to pay the fine.
No Contest: You do not admit guilt but agree to be sentenced as though you were guilty.
Not Guilty: You do not admit guilt and want a trial.
- The arraignment is not a trial, if you enter a plea of not guilty you will be asked to, and you must agree on the record to appear at a later day for trial.

If you plead guilty or no contest at arraignment, the court will likely impose the standard fine for the offense you have been charged with. Standard fines can be found on the court’s website. The court will not negotiate or lower your fine at arraignment.

Constitutional Rights and Advisement – Infraction Charges

Right to a speedy and public trial.
Right to remain silent and not incriminate yourself.
Right to confront and cross-examine witnesses against you.
Right to subpoena witnesses and to produce evidence.
Right to be represented by an attorney at your own cost.
A plea of No Contest will be treated the same as a plea of guilty for the purpose of these proceedings.

Additional Constitutional Rights and Advisement for Misdemeanor Offenses

Right to be represented by an attorney and to have the court appoint one if you cannot afford one (you may be charged a fee for this service).
Right to be sentenced by a judge rather than a commissioner.
Right to be sentenced no sooner than six hours and no later than five days after your guilty or no contest plea.
Right to a jury trial.
A plea of Guilty or No Contest may subject you to deportation, exclusion, or denial of naturalization.
A plea of Guilty or No Contest could affect your probation or parole status.

Correctable Violations

If your ticket is “correctable” or a “fix-it” ticket you can show proof of correction and pay a dismissal fee, the court will dismiss the relevant charge. At arraignment, the Judicial Officer will continue your case to a specific date for you to bring in proof of correction and pay the dismissal fee. If you fail to do so the full amount of fines and fees will be due forthwith.

Traffic School

You must ask the Judicial Officer for traffic school. If you are eligible for Traffic School, you must pay your fine and Court Administrative Fee within 60 days. If you do not pay your fines and fees within the 60 days, you will not be eligible to attend Traffic School and the offense will show as a conviction on your driving record. Further, you will be charged an additional $300 civil assessment for failure to pay the fine. You must also pay fees directly to the traffic school provided and complete the course within 90 days.

Interpreter

Generally, Interpreter services are available on request. Your case may need to be continued to a time when one is available.