If you were issued a green (infraction) ticket along with a criminal (goldenrod) ticket, these are considered separate violations and different rules apply to each case type. You will be summoned by the court for the criminal charge, however court cannot set a hearing on the infraction (green ticket) unless you read and follow the instructions on the back. To obtain a hearing your request must be made within 15 days of the date of the ticket. If you just want to pay the infraction (green ticket), you have 30 days to do so. If you need to make payments you must contact the Clerk and ask for payments. ANY RESPONSE YOU OR YOUR ATTORNEY MAKE ON THE CRIMINAL CASE DOES NOT SATISFY THE REQUIREMENT TO RESPOND TO THE INFRACTION.

If there is a dollar amount listed in the box marked BAIL you don’t have to appear in court. Instead you may send a check or money order for the full amount listed. If you want to appear on the charge, you must send in your goldenrod copy within 15 days to request a hearing. If you cannot pay the entire amount you may contact the Clerk’s office to make payment arrangements. Failure to respond, either by failing to pay or appear will result in a warrant for your arrest and will add $100.00 to the amount.

Suitable attire is required. Shoes and shirts are necessary. Halter tops, tank tops, and shorts are not permitted. Hats are to be removed upon entering the Courtroom. No smoking, food or drink will be allowed. Cell phones should be turned off or on silent. Children may be present in the Courtroom, but if they disturb the proceedings you may be requested to remove them. The Court does not provide childcare. Upon your arrival, report to the Clerk’s counter and pick an "Advice of Rights" form and if you are going to request a Public Defender, a "Petition for Appointment of Attorney". Please read the "Advice of Rights" form but do not sign it until the Judge calls you to the front. The Petition for Appointment of Attorney should be completed before the Judge calls you up. When your name is called come forward and stand behind one of the counsel tables. Be polite, courteous and remain standing until the Judge instructs you otherwise.

The arraignment is generally your first appearance in court on the citation or charge. The Judge will inform you of the charge and explain it. Next it will be confirmed that you understand your constitutional rights as explained at the beginning of the court session, and finally the maximum penalties, if any, will be stated. No testimony is taken or evidence presented at the arraignment. Please note that if this is a first appearance on a charge of Driving Under the Influence, you may not waive arraignment or have an Attorney appear on your behalf, without your presence.

WHAT ARE MY CONSTITUTIONAL RIGHTS?

All persons accused of any crime or traffic offense that might result in a jail sentence have the following rights:

To have a lawyer present with you at all hearings;

if you cannot afford to hire one to represent you (you may be required to reimburse the County in full or part for this expense);

To represent yourself without a lawyer;

To a public and speedy trial;

To cross examine any witness who testifies against you;

To call witnesses to testify on your behalf, and have the Court compel their attendance;

To testify or not testify yourself; if you choose not to, no one can make you testify;

To appeal to Superior Court if you are convicted after a not guilty plea.

SHOULD I TALK TO A LAWYER BEFORE ENTERING A PLEA?

In many cases, this is a good idea. The Judge, at your request will continue the arraignment giving you time to look for an Attorney. The Judge will request that you have your lawyer put in a "Notice of Appearance". This should be done before your next court date. If you fail to appear at any hearing, your bond or bail will be forfeited and the Judge will issue a bench warrant for your arrest.

At the arraignment, indicate to the Judge that you are financially unable to hire a lawyer. Please have the form you got from the Clerk completed. The Judge will review your petition form and determine, according to the appropriate financial guidelines your eligibility for a public defender. If you qualify, the Judge will sign the Order appointing your case to the Public Defender. You will go to the Clerk’s window for a copy with the Attorney’s name, address and telephone number. The Public Defender has an office across from the Clerk’s counter. You need to check in with the secretary before you leave. YOU MUST remain in contact with the Public Defender and be available for all meetings as requested by the lawyer.

If you plead guilty it means you admit the charge and the elements to prove the charge. By pleading guilty you waive your constitutional rights and in most cases you will be sentenced right then. However, you may speak on your behalf at sentencing. The Judge will then usually review the police report, if available, and sentence you.

A not guilty plea denies the charge and none of your constitutional rights are waived unless you expressly wish to do so. You are presumed innocent and the prosecution must prove your guilt beyond a reasonable doubt at a subsequent trial. The next hearing will be a pre–trial conference where the prosecutor will be present. You and your lawyer, if you have one, are required to be present. At this hearing all motions are heard and a trial date is set. Information about all the evidence in the case and witness names will be exchanged. If at any stage you waived your right to a jury trial, you will receive a notice of your NON JURY TRIAL.

If the Court sentences you to serve a day or days in jail, the Court will give you a date to report. It is your responsibility to contact the Jail to find out what time they want you to report. Most sentences must be served in the Lincoln County Jail.

If you can’t pay all of your fine at sentencing the Clerk will work out a time payment agreement. This is a contract with the court for installment payments and must be strictly adhered to. Read the agreement carefully, as failure to follow the terms can result in additional fees, a possible suspension of your driving privilege, and assignment of the account to a collection agency. You may also be required to appear in court for additional hearings.

After you are sentenced and put on probation, either supervised or unsupervised, and you have made arrangements with the Clerk for payment, she will give you a copy of your Judgment and Sentence. You must meet with the Probation Officer immediately after leaving court. The Probation Office is located on the north (back) side of the District Court Building. You must go out the front and around the Building to the double glass doors and check in with the probation officer before leaving.

Often the Judge will suspend a portion, or all of a jail sentence or fine, on the order that you comply with various conditions for a period of time. If the conditions are satisfied, the jail sentence or part of the fine is never imposed. Should you violate the conditions, then you will be required to return to Court for a hearing and possible imposition of jail and/or fine. These conditions are supervised by the Lincoln County District Court Probation office, which will monitor compliance or assist with treatment programs.