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Advice of Rights and Plea Information (Misdemeanor) (DC 213)

  1. 1. If you require special accommodations to use the court because of disabilities or if you require a foreign language interpreter to help you fully participate in court proceedings, please contact the court immediately to make arrangements.

  2. 2. You have been brought to court on a misdemeanor charge. You have the following basic rights : (a) To plead guilty or not guilty or to stand mute. If you stand mute, a plea of not guilty will be entered. You may plead no contest with the permission of the court. (b) To have a trial by jury. ( c) To have the assistance of an attorney.

  3. 3. You have the right to an attorney appointed at public expense if you are indigent (without money to hire an attorney) and if: (a) the offense charged requires a minimum jail sentence, or; (b) the court determines that it might sentence you to jail.

  4. 4. You may have to repay the expense of a court-appointed attorney.

  5. 5. If you have a trial, you have the following rights: (a) To call witnesses to speak for you at trial. You may get an order signed by the court to require witnesses to come to court. (b) To see, hear, and question all witnesses against you at trial. (c) To be a witness for yourself or to remain silent. If you choose not to be a witness on your own behalf, the prosecuting official may not comment on your refusal to testify. (d) To be presumed innocent unless proven guilty beyond a reasonable doubt.

  6. 6. If you plead guilty or no contest and your plea is accepted, you will not have a trial of any kind and will give up the rights listed in items 3 and 5 above.

  7. 7. You have the right to be released on bond.

  8. 8. If you are now on probation or parole and you enter a plea of guilty (or no contest) or a finding of guilt is made by judge or jury, it may result in a violation of your probation or parole.

  9. 9. You can be sentenced to jail and fines, plus costs. The court will tell you on the record the name of the offense, the mandatory minimum jail sentence, if any, and the maximum possible penalty for the offense (including jail, fines, or both).

  10. 10. Fines, costs, and other financial obligations imposed by the court must be paid at the time of assessment, except when the court allows otherwise, for good cause shown. If you are not able to pay due to financial hardship, contact the court immediately to request a payment alternative. MCR 6.425(E)(3).

  11. 11. An appeal to circuit court may be taken within 21 days from date of sentence or as permitted pursuant to MCR 6.625(B). If the sentence includes incarceration and if you wish to file an appeal but are financially unable to retain a lawyer, the court will appoint a lawyer to represent you on appeal, if the request for a lawyer is made within 14 days after sentencing.

  12. 12. Federal law and/or state law may prohibit you from possessing or purchasing ammunition or a firearm (including a rifle, pistol, or revolver) if you are convicted of a misdemeanor crime of violence and you are a current or former spouse, parent, or guardian of the victim; you share a child in common with the victim; you are or were cohabitating with the victim as a spouse, parent, or guardian; or you are or were involved with the victim in another, similar relationship.

  13. I have read and understand my rights as listed on this statement.

  14. Electronic Signature Agreement*

    By checking the "I agree" box below, you agree and acknowledge that 1) your application will not be signed in the sense of a traditional paper document, 2) by signing in this alternate manner, you authorize your electronic signature to be valid and binding upon you to the same force and effect as a handwritten signature, and 3) you may still be required to provide a traditional signature at a later date. I have reviewed this document and the statements it contains are true to the best of my knowledge, information, and belief.

  15. USE NOTES: If defendant is given a foreign-language version of this form to read, the English version and the foreign-language version must be filed in the case. The consequences for arrests before 10/1/03 are different than for arrests on or after 10/1/03. If defendant is arraigned on a crime for which he or she was arrested before 10/1/03, contact the State Court Administrative Office for the appropriate version of this form.

  16. MCL 750.504, MCL 770.3, MCR 1.110, MCR 6.610, 18 USC 922(g)(9)

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