On its site, the Kettering Municipal Court offers an explanation of the three possible pleas you may enter in your case. The court states as follows:
Pleas You May Enter and Your Rights Under These Pleas
You may choose to enter any of these pleas when you appear before the Judge:
NOT GUILTY PLEA
By pleading NOT GUILTY, you are denying the charge. The prosecution will be required to prove its case against you beyond a reasonable doubt at a trial. THE TRIAL WILL BE SET FOR A LATER DATE.
If the offense you are charged with carries the potential for jail time as a possible sentence, you can demand a jury trial. If you desire a jury trial, you must file a written jury demand no less than ten (10) days prior to the date set for your trial, or on or before the third day following receipt of notice of your trial date, whichever is later. Failure to file a written jury demand waives your right to a jury trial, and your trial will be heard by a Judge.
If you are charged with an offense that carries a maximum penalty of imprisonment for one year in jail, your case will automatically be set for a trial to be heard by a jury, unless you sign a waiver of that right.
At the trial, you have the following rights:
- You have the right to be represented by an attorney.
- You have the right to request in writing that subpoenas be issued by the Clerk of Court to compel the attendance of witnesses on your behalf at trial.
- You have the right to testify or not testify in your own defense. Under the Constitution, you are not required to give testimony against yourself. However, if you do take the witness stand, you may be subject to cross-examination by the Prosecuting Attorney.
- You have the right to cross-examine witnesses testifying against you.
- You have the right not to make any statements, nor take the witness stand, unless you choose to do so.
The plea of GUILTY is a complete admission of your guilt. If you plead guilty, you will be permitted to give a statement or explanation to the Judge before the sentence is imposed.
NO CONTEST PLEA
The plea of NO CONTEST is not an admission of your guilt, but is an admission of the truth of the facts alleged in the complaint or citation, and the plea or admission shall not be used against you in any pending or subsequent civil or criminal proceeding.
Charles M. Rowland II offers information about OVI charges in the Kettering Municipal Court at www.KetteringOVI.com and www.KetteringDUI.com. If you need to speak to an attorney about your Kettering OVI case, please call me at (937) 318-1384. I’ve appeared in Kettering since 1995 and I know that I can help you out.