City of Salem - Municipal Court - Rights and Procedures

Municipal Court - Rights and Procedures

You have received a traffic citation or complaint alleging a violation of the traffic law or municipal ordinances. The Judge will read the charge against you from the citation or complaint. If you have any questions about the charge against you or about your rights, please inform the Judge of your question at that time.

If you understand the charge against you and your rights, you will be asked to enter a plea. Three pleas are acceptable before this court; Not Guilty, Guilty or No Contest. A plea of not guilty indicates that you do not believe you have committed the offense and is a denial of the charge. A plea of guilty is an admission that you believe you did commit the offense with which you are charged. A plea of no contest is a statement that you do not wish to contest the charge or have a hearing on the matter. However, a plea of no contest has the same effect as a plea of guilty.

Upon the entry of a plea of guilty or a plea of no contest, the case will be disposed of at that time. You will be given the opportunity to explain any circumstances that you think should be considered before a sentence is imposed. A plea of guilty or a plea of no contest is a waiver of your right to a trial on the charge.

If you enter a plea of not guilty, the case will be set for trial as soon as possible. When you leave the courtroom, you must stop at the counter outside and sign for your trial date before you leave the court. You must appear at that time and you should bring with you any witnesses you may wish to call to testify in your behalf. Your trial will be to the court unless it is a criminal charge and you request a jury within ten days of the entry of a plea.

At the time of trial you will have the right to hear any witnesses against you and to ask questions of witnesses against you. You will have the right to present evidence on your behalf through your testimony or the testimony of other witnesses. You also have the right to remain silent and you need not testify if you do not wish to do so.

You are presumed innocent until proven guilty and the burden is upon the prosecution to establish your guilt. The burden of the prosecution and certain of your rights vary depending upon the nature of the charge against you. After reading the charge against you from the citation, the Judge will advise you of the nature or classification of the charge and of the maximum sentence that can be imposed.

If you are charged with a traffic violation, only a fine or other civil penalty may be imposed. However, the amount of the fine may vary with the class of violation. The Judge will advise you of the maximum fine that may be imposed in your individual case. If the charge is a violation, the prosecution will only be required to prove your guilt by a preponderance of the evidence and inasmuch as no Jail sentence may be imposed; you have no right to court-appointed counsel or a trial by jury. The prosecution of the case would be by the city’s witness alone, usually the citing officer, unless you choose to be represented by a retained attorney. In that event, the prosecution would be represented by the City Attorney. You are required to advise the court at least five days in advance of the time of trial if you are to be represented by counsel in order that the City maybe represented also. If you fail to so advise the court, you will not be allowed to have counsel represent you.

If the charge against you constitutes a crime, the sentence imposed may include both a jail sentence and a fine. The Judge will explain the limitation upon such sentences on an individual basis. If you are charged with a crime, you have the right to a trial by a judge or by a jury. If you wish a trial by jury, you must advise the court within ten days of the entry of a plea, otherwise the trial will be to the court alone. The burden upon the prosecution is to prove the guilt of the defendant beyond a reasonable doubt in a crime.

In the event you are charged with a State traffic crime and plead not guilty to the charge, you may have the trial changed to the Circuit Court by requesting removal of the trial in writing within ten (10) days after the entry of the plea.

If you are indigent, without enough money or other resources to hire a lawyer and you want to be represented by counsel, you should advise the Judge of this fact. If you are charged with a crime and are found eligible for court-appointed counsel, a lawyer would be appointed to represent you at the expense of the City.

If you are not a citizen of the United States, conviction of a crime may result in deportation, exclusion from admission to the United States or denial of naturalization.

If you have any questions about the procedures that are outlined above or about your rights, you should ask those questions when your case is called.