Rights At Trial
You have these rights at trial:
- The right to inspect the complaint before a trial and have it read to you at the trial
- The right to have your case tried before a jury
- The right to hear all testimony introduced against you
- The right to cross examine any witness who testifies against you
- The right to testify on your behalf
- The right not to testify. If you choose not to testify, this cannot be held against you
- You may call witnesses to testify on your behalf at the trial and have the court issue a subpoena to any witnesses to ensure their appearance at trial. The request for a subpoena shall be made in writing. The request should be made at the time you enter your plea to the court.
The state will present its case and call witnesses to testify against you. After prosecution witnesses have finished testifying you have the right to cross-examine them. Your cross-examination of witnesses must be in the form of questions and you cannot argue with the witnesses.
After the prosecution has presented its case, you may present yours. You have the right to call witnesses that know about the incident. The state also has the right to cross-examine your witnesses.
You may testify on your behalf, if you so choose. If you testify the state has the right to cross examine you. Your refusal to testify cannot be used against you in determining your guilt or innocence.
In deciding a defendant's guilt or innocence, the judge or jury can only consider the testimony of witnesses and evidence admitted during the trial. If you are found guilty at trial you will be told what the penalty will be. You should be prepared to pay your fine at that time unless you decide to appeal your case.
Tried Before A Jury
If you choose to have the case tried before a jury you have the right to question jurors about their qualifications. If you think a juror will not be fair, impartial or unbiased you may ask the judge to excuse the juror. The judge will decide whether or not to grant this request. During the jury trial you are also permitted to strike three members of the jury panel for any reason you choose, except an illegal reason such as a person's race. The prosecution is also given three strikes.