Court Procedures PROCEDURES OF THE COURT
The Municipal Court has jurisdiction of civil, criminal and traffic matters from violations of City ordinance and some state statutes as adopted by ordinance, misdemeanors, gross Misdemeanors and traffic infractions as outlined in the next paragraph.
The Municipal Court handles such cases including, but not limited to, DUI (Driving while intoxicated or under the influence of drugs), Assault, Domestic Assault, Criminal Trespass, Vehicle prowl, unlawful issuance of bank checks, Reckless Driving, Negligent Driving and all traffic infractions occurring within the City limits of Mount Vernon. Do you want to: Find your court dates? Find out where your court date is? Find your clients' court dates? Pull up : www.courts.wa.gov and follow the directions to get the information you need. All persons accused of any crime that might result in a jail sentence have the following rights-
CONSTITUTIONAL RIGHTS - To have a lawyer present with you at all hearings;
- To have a lawyer appointed at public expense if you cannot afford one;
- To represent yourself without a lawyer;
- To a public and speedy trial;
- To cross examine (question) any witness who testifies against you;
- To call witnesses to testify on your behalf, or have the Court compel their attendance;
- To testify or not testify yourself. If you choose not to, no one can make you;
- To appeal to Superior Court of Skagit County if you are convicted after a "not guilty" plea.
Frequently asked questions:
Q: What is an arraignment?
A: The arraignment is your first appearance on the charge. The Judge will explain the charge to you. It will be confirmed that you understand your constitutional rights as outlined above. The maximum punishment, if any, will be stated. No testimony is taken or evidence presented at the arraignment.
Q: Should I talk to a Lawyer before entering a plea?
A: In many cases this is a good idea. The Judge, at your request, will continue the arraignment for this purpose. If you wish to plead "not guilty" at this stage, the Judge will request that you or your lawyer file a "Notice of Appearance" with the court within seven days. If you fail to appear at any hearing, your bond or bail may be forfeited and the Judge will issue a bench warrant for your arrest.
Q: If I plead "guilty" what will happen?
A: If you plead guilty, it means that you admit the charge and the elements to prove the charge. By pleading guilty you waive (give up) your constitutional rights as described earlier, and in most cases will be sentenced right then. You may speak on your behalf at sentencing. The Judge will then usually review the police report and sentence you. In some cases the Judge will refer you to a probation officer for a pre-sentence investigation. The sentencing will be continued until the probation report is ready.
Q: What happens if I plead "not guilty"?
A: 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 conference, all motions are heard and a jury or non-jury trial (you must sign a waiver of jury trial in order to have a trial before the Judge) will be set. Information about all the evidence in the case and witness names are exchanged. The case is then continued to a date certain for trial.
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