Not Guilty Plea in Misdemeanor Case With Statement and Acknowledgement of Rights

MUNICIPAL COURT
HOUSING DIVISION
CUYAHOGA COUNTY, OHIO
JUDGE W. MONÁ SCOTT

CITY OF CLEVELAND

-VS-

DEFENDANT

DATE

CASE NUMBER

NOT GUILTY PLEA IN MISDEMEANOR CASE

Pursuant to Criminal Rule 10(B), I, the Defendant in this case, enter a plea of not guilty and waive my right to be present at my arraignment. I have read and signed the attached Statement and Acknowledgment of Rights form. I understand that my not guilty plea and my consent to waive arraignment is only applicable to this case.

WAIVER OF STATUTORY PERIOD

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I have been informed that I have a constitutional right to a speedy trial within the statutory period of (1) 90 days for a misdemeanor of the first or second degree, (2) 45 days for a misdemeanor of the third or fourth degree, and (3) 30 days for a minor misdemeanor, as prescribed by the Ohio Revised Code Section 2945.71. I also understand that each day I am held in jail in lieu of bond on the pending charge counts for three days for the purpose of speedy trial. Having been so advised by the court, I knowingly waive such statutory and constitutional rights to a speedy trial and consent to a continuance of the case beyond that statutory period.
I hereby voluntarily, knowingly and intelligently waive my right to have a trial within the time provided by law.

Defendant's Signature / print name /

Defendant's Email Address

Defendant's Attorney

Defendant's Home Phone Number

Defendant's Property Address

Defendant's Attorney's Phone Number

STATEMENT AND ACKNOWLEDGEMENT OF RIGHTS

I hereby state that I have been informed by the Court of the following:

The nature of the charges against me, and the possible penalty if found guilty or if I enter a plea of guilty or no contest.
I have a right to an attorney, even if you intend to plead guilty, and you have the right to a reasonable continuance in the proceedings to secure an attorney. If I have been charged with an offense where jail may be imposed, and I am unable to pay for an attorney, an attorney can be assigned to represent me.
I do not need to make a statement and any made may be used against me.
I have the right to bail if I have been charged with a bailable offense.
For serious offenses, and petty offense where jail can be imposed, I have the right to a jury trial. If I have been charged with a petty offense where jail can be imposed, I must make a written jury demand at least ten days before trial or three days after getting notice of the trial date, whichever is later.
I may enter a plea of not guilty, guilty, or no contest. The plea of NOT GUILTY is a complete denial of the facts alleged in the complaint. The plea of GUILTY is a complete admission of my guilt. The plea of NO CONTEST is not an admission of my guilt but is an admission of the truth of the facts alleged in the complaint, and such a plea cannot be used against me in any subsequent civil or criminal proceeding.
If I enter a plea of not guilty, the case will either be set for a pre-trial or for trial. That trial must occur within the time limits prescribed by R.C. 2945.71 unless I waive that requirement. That trial will be to the Court or to a jury, and at trial, I have (a) the right to confront and cross-examine witnesses; (b) the right to present my own evidence and witnesses, and to subpoena witnesses to appear at trial; (c) the right to remain silent at trial, and the fact that I do not testify cannot be held against me; and (d) the right to require the State to prove the charges against me beyond a reasonable doubt.
If I enter a plea of guilty or no contest, I waive all of these rights, and the Court will impose a sentence without unreasonable delay. Prior to sentencing, I have the right to make a statement on my own behalf or present any information in mitigation of punishment.
If I am not a citizen of the United States, pleading guilty or no contest to the offense may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.

I hereby acknowledge that I have read and I understand the above information about the Statement and Acknowledgment of Rights.

DEFENDANT

EMAIL ADDRESS

DATE

CELL PHONE NUMBER

By providing your e-mail or cell phone number, you are consenting to the Court providing you e-mail or text notifications of upcoming hearings. Message and data rates may apply. You may opt-out at any time. You are responsible for appearing in court on the scheduled date regardless of whether you have received an email or text notification.

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