Advise of Rights

Advise of Rights for a Court Trial
 
You have been cited for a violation, not a crime. Your rights are similar, but not identical, to those in a criminal case.

Your case will be tried by the Court, not a jury. Since this is not a crime, you do not have right to jury trial. You may be represented by an attorney, but you will have to pay the expense. The City will not provide an attorney. If you have an attorney, the City Attorney will present the City's case.

You must inform the City at least 15 days prior to trial if you will be represented by an attorney. If you do not have an attorney, the police officer will present the City's case and you will present your case.

You have the right to remain silent at the trial. The burden is on the City to prove the violation by a preponderance of the evidence (similar to a civil case).

You have the right to confront and cross-examine the police officer and any witnesses called by the City.

You have the right to bring whatever witnesses or evidence you have at the trial time.

If your case involved an accident, there may be written police reports which you may obtain at the Police Department ten days prior to the trial. There is a fee for this. In the majority of traffic cases, there are no written reports available.

If you are found guilty, you have the right to appeal to the Lane County Circuit Court for a new trial. A proper notice of appeal must be filed with the court within 30 days of your conviction. The Circuit Court charges a fee for filing an appeal. You may contact the Lane County Circuit Court for additional information.

Do you prefer to handle the matter by mail or phone?

You can send the full fine amount to the Court; no reduction will be given. This can be done by signing the back of the citation at Option 2, and mailing a check or money order to the Court. The payment must be received no later fourteen days from the arraignment date stated on the citation.

You can send the full fine amount and a letter of explanation. The full amount of the payment will be receipted and the letter given to the judge. The judge will review the letter and will determine if a fine reduction is granted or not and any refund will be mailed to you. This can be done by signing the back of the citation at Option 2, and mailing a letter along with a check or money order to the Court. The payment must be received no later than fourteen days after the arraignment date stated on the citation.

The Court also processes payments via credit card. Credit card payments can be made in person or over the telephone.