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Burlington-Stratton-Cheyenne Wells Municipal Court
CITY OF BURLINGTON
Clerk of Court: Karen McKinley
e-mail; karenm@plains.net
415 15th Street, P.O. Box 366 Burlington, Colorado 80807
Phone: (719)346-8652/7784, Fax: (719)346-5397
http://www.burlingtoncolo.com/
TOWN OF STRATTON
Clerk of Court: Paula McConnell
e-mail: pmcconnell@strattoncolorado.com
127 Colorado Avenue, PO Box 64 Stratton, Colorado 80836
Phone: (719)348-5612, Fax:(719)348-5945
http://strattoncolorado.com/
TOWN OF CHEYENNE WELLS
Clerk of Court: Debbie Knudsen,
e-mail; dktcw@rebeltec.net
151 South 1st West, Cheyenne Wells, Colorado 80810
Phone: (719)767-5865, Fax:(719)767-5069
http://www.townofcheyennewells.com/index.html
Presiding Judge: Wayne C. Mills
e-mail: wmills@plains.net
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YOUR RIGHTS AND RESPONSIBILITIES
(Rights and Obligations of defendants in Municipal Court)
The Municipal Court is an independent judicial branch of the Burlington and Stratton City Governments. As a defendant you have been charged with a violation of either the Model Traffic Code or an Ordinance of the City of Burlington or Town of Stratton. The fact that you’ve been charged is not evidence of your guilt. Your rights and obligations as to the Court are set forth below.
The Right to Understand the Nature of the Charges Filed Against You. The summons and complaint or penalty assessment lists an ordinance or code number which you purportedly violated and then a brief description of the offense charged. You should understand the nature of the charges filed against you before you enter a plea regarding the same. If you do not, you have the right to have the ordinance or code read to you by the judge in open court.
THE RIGHT TO COUNSEL:
You have the right to be represented by an attorney. If you wish to consult an attorney before entering a plea, you may appear before a judge in open court and a reasonable continuance will be granted you. If you are unable to afford an attorney, you are found to be indigent by the court, and a jail sentence is a continuing possibility in your case, an attorney may be appointed to represent you.
PLEA OF NOT GUILTY:
If you feel you did not commit the violation for which you have been charged, you should enter a plea of not guilty. It then becomes incumbent on the City to prove the violation beyond a reasonable doubt.
PLEA OF GUILTY:
A plea of guilty is your admission that you did violate the ordinance or code for which you are charged. The City will not be required to prove anything. Once a plea of guilty has been accepted by the Court, you cannot later change your mind and ask the Court to let you withdraw it. A plea of guilty is the final determination of your case and may result in fines and points being assessed against your driving record in traffic matters.
PLEA OF NOLO CONTENDERE OR NO CONTEST:
This plea is one of privilege and may be refused or accepted only by the Court. It means you are entering neither a plea of guilty or not guilty. The plea is discretionary with the Court and is treated the same as a guilty plea; and the maximum penalty that may be imposed by the Court is the same.
THE RIGHT TO A TRIAL BY JURY:
If you enter a plea of “not guilty,” and there is a possibility of a jail sentence as a result of a guilty finding, you have the right to have a trial by either the Court, which is by a judge, or in some cases, by a jury. If you wish a jury trial, you must, within twenty days from the date of entry of a plea of not guilty, file a written demand for a jury trial and tender a jury deposit in the sum of $25.00, unless said deposit is waived by the judge upon proper showing of indigence.
THE RIGHT TO HAVE WITNESSES SUBPOENAED:
You have the right, if you plead not guilty, to present witnesses in your own behalf and to have those witnesses subpoenaed. Subpoenas will be provided to you by request. The City must have witnesses appear and testify under oath, and you have the right to cross examine those witnesses. You have the right to remain silent. If you do not wish to testify, this action 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.
MISCELLANEOUS RIGHTS:
You are presumed to be innocent of the charge that is filed against you, and the presumption remains with you until you are proven guilty beyond a reasonable doubt by the City or enter a guilty plea. If after trial, you are found guilty, you have the right to appeal. The Burlington and Stratton Municipal Court is not a court of record and all appeals from this court are heard by the County Court as a trial de novo (new trial).
MISCELLANEOUS:
The maximum penalty that can be imposed for any ordinance or code violation in the City of Burlington and Town of Stratton is a $300 fine and/or 90 days in jail. However, no fine will be imposed that is greater than that which would be imposed if the same could have been paid at City Hall as a penalty assessment.
YOUR DUTIES TOWARD THE COURT ARE AS FOLLOWS:
1. To appear properly attired and to maintain the decorum and dignity of the Court.
2. To appear promptly at the date and time of any hearing scheduled by the Court.
3. To remain seated and remain quiet until your case is called.
4. To come forward and face the judge when your case is called.
5. To refrain from chewing gum or drinking beverages in the courtroom or area.
6. To refrain from reading newspapers, magazines, or matters unrelated to the business of the court.
PROBATION/DEFERRED SENTENCE:
If you are before the Court for a penal (non-traffic) matter, and you are found guilty, or plead guilty, there could be serious results. As an adult, your criminal record stays with you for the rest of your life. This can keep you from being bonded, obtaining credit, and certain types of employment. You could be sentenced to jail, which could mean the loss of your job, with resulting financial and family problems. If you are found guilty or enter a plea of guilty, or plea of no contest, you subject yourself to a possible $300 fine and/or 90 days in jail. In non serious cases, or cases as the Court may direct, probation or deferred sentence may be considered by the Court. This decision is made by the Court alone after careful consideration of the facts in the case filed against you. If you are placed on probation or deferred sentence you are placed on a probationary status for a certain time, the length may vary. You then are under the supervision of the Court and have certain rules of conduct to follow during that time period. If you successfully complete the probationary period, the City agrees to dismiss the charges against you, and there is no record of a conviction for the offense. If your case is placed on probation or deferred sentence the judge will explain further the conditions and time period that affect your case. In addition to court costs, there is a $60 supervisory fee for probation or deferred sentence.
*COSTS/FEE'S (Burlington Only)
Maximum possible penalty - $300.00 and/or 90 days jail
Court Costs $30
Deferred $60
Jury Fee $25
CPS Fee $50
Theft by Check $15
SCHEDULE OF FINES (updated 2004)
Approaching or entering intersection $50.00
Yield, Turning Left $50.00
Stop Sign $55.00
Yield Signs, Under $1000 Damage $55.00
Special Hazards $60.00
Driver Speed Contest Summons
Aiding Summons
Reckless Driving Summons
Careless Driving Local Summons
Careless Driving-Out of State $85.00
Driving on Right Side (exceptions) $40.00
All Passing $40.00
Following too Closely $40.00
Roadway Laned for Traffic $40.00
Parking Violation $30.00
Traffic Control Lights $45.00
Driving on Sidewalk Summons
Spilling Loads on Streets or Highways $60.00
Lights $35.00
Brakes $35.00
Windows Obstructed $35.00
Unlawful Riding $60.00
Limitations on Backing $35.00
Foreign Matter on Streets or Highways $60.00
Eluding Summons
No Proof of Insurance (First Offense) $50.00
Speeding 1 - 4 MPH over Limit $35.00
Speeding 5 - 9 MPH over Limit $40.00
Speeding 10 - 19 MPH over Limit $85.00
Speeding 20 - 40 MPH over Limit Summons
Speeding surcharge $12.00
Child Restraint $50.00
(Fines are double in School Zone when children present)
PENALTY ASSESSMENT OTHER THAN TRAFFIC
Dog At Large $40.00-$60.00
Dog Lic Req $30.00-$45.00
Open Container $60.00-$100.00
Watering Rest. $25.00-$50.00
Failure to Appear Summons
Curfew $50.00 + UPS
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*The Constitution of the United States of America
PREAMBLE:
We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
Article I [The Legislative Branch]
Article II [The Presidency]
Article III [The Judiciary]
Article IV [The States]
Article V [The Amendment Process]
Article VI [Legal Status of the Constitution]
Article VII [Ratification]
*Bill of Rights
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Amendment II
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
Amendment III
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
State of Colorado
City of Burlington
Town of Stratton
Town of Cheyenne Wells
Colorado Revised Statutes
Constitution of the United States
Send E-Mail to: wmills@plains.net
Copyright © 2008 W.C.Mills. All Rights Reserved