Your Rights

The Right to an Attorney

You have the right to be represented by an attorney. If you wish to speak to your attorney, you may request a continuance from the Judge. If you are unable to afford an attorney, you are found to be indigent by the Court, and if a jail sentence is being sought by the prosecutor, the Court will appoint an attorney to represent you.

Plea of Not Guilty

If you feel you did not commit the violation of the ordinance with which you have been charged, you may enter a plea of “not guilty” and your case will be set for trial. The burden is on the Prosecutor representing Lone Tree to prove the violation beyond a reasonable doubt.

Plea of Guilty

A plea of “guilty” is your admission that you did violate the ordinance as charged. A plea of guilty is the final determination of your case and may result in points being assessed against your driving record in traffic matters and a fine will be assessed.

Plea of Nolo Contendere

A plea of “Nolo Contendere” or “No Contest” is up to the discretion of the Judge and may be accepted or refused. It means you are entering neither a plea of “guilty” nor “not guilty”. A “no contest” plea will result in the same penalties as would be assessed upon a “guilty” plea. In traffic matters, for a plea of “no contest” points will be assessed against your driving record.

The Right to a Trial by Jury

If you enter a plea of “not guilty”, you have the right to have a trial by either the Court, which is by the Judge, or in some cases by a jury. If your case qualifies and you wish a jury trial, you must file a written demand for a jury trial and a $25.00 jury fee, within 20 days of entering your “not guilty” plea. The fee and written demand must be tendered at the same time. If either requirement is not met, your case will be reset for a trial before the Court.

The Right to Have Your Witnesses Subpoenaed

If you plead “not guilty” you have the right to present witnesses in your behalf and the right to have your witnesses subpoenaed (ordered to appear in court). You must appear at the Lone Tree Municipal Court Administrative Office to request subpoenas; the Clerk will enter the necessary information, sign and imprint the court seal on the subpoenas. You must have someone over the age of 18, who is not a party to the case, personally serve the subpoenas on your witnesses.

Other Rights

You are presumed innocent of the charge that is filed against you. This presumption remains with you until you are proven guilty beyond a reasonable doubt by the city at trial, or enter a guilty plea. You have the right to cross examine witnesses subpoenaed by the city. You have the right to remain silent. If you do not testify, this fact, in itself, will not be considered against you. In the event you do testify, you are subject to cross examination in the same manner as any witness in the trial. If, after trial, you are found guilty, you have the right to appeal. The Lone Tree Municipal Court is a “court of record.” All appeals from this Court are appeals of the record of the case and are reviewed by the District Court for Douglas County.