RULE 14 – FIRST HEARING
14.1 At any time before the scheduled first hearing, defendants desiring to deny guilt or liability may appear before the Clerk of the Court for informal First Hearing and setting according to the provisions of Rule 201(b)(1) C.M.C.R., so long as the defendant executes a written advisal complying with the provisions of Rule 14.4.
14.2 If the defendant has not previously acknowledged guilt or liability and satisfied the judgment pursuant to Rule 13, or denied liability pursuant to Rule 14.1, the defendant shall appear before the Magistrate at the time scheduled for First Hearing.
14.3 The defendant may appear in person or by counsel, who shall enter appearance in the case, providing, however, if an admission of guilt or liability is entered, the Magistrate may require the presence of the defendant for the assessment of the penalty.
14.4 If the defendant appears in person, the Magistrate shall advise the defendant in open court of the following:
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The nature of the infractions alleged in the charging document;
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The penalty and docket fee that may be assessed and any penalty points that may be assessed against the driving privilege; if the infraction is a traffic matter;
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The consequences of the failure to appear at any subsequent hearing including the entry of judgment against the defendant and reporting the judgment to the state motor vehicle division, which may assess points against the driving privilege and may deny an application for a driver’s license, if the infraction is a traffic matter;
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The right to be represented by an attorney at the defendant’s expense;
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The right to deny the allegations and to have a hearing before a Magistrate;
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The right to remain silent, because any statement made by the defendant may be used against the defendant,
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Guilt or liability must be proven beyond a reasonable doubt;
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The right to testify, subpoena witnesses, present evidence and cross-examine any witnesses for the city;
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Any answer must be voluntary and not the result of undue influence or coercion on the part of anyone; and,
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An admission of guilt or liability constitues a waiver of the foregoing rights and any right to appeal.
14.5 The defendant personally or by counsel shall answer the allegations in the charging document either by admitting guilt or liability or by denying the allegations.
14.6 If the defendant admits guilt or liability, the Magistrate shall enter judgment and assess the appropriate penalty and the docket fee, after determining that the defendant understood the matters set forth in Rule 14.4 and has made a voluntary, knowing, and intelligent waiver of rights.
14.7 If the defendant denies the allegations, the matter shall be set for Final Hearing, and the defendant and officer shall be notified.