About the City of Roswell, New Mexico, USA

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CityPhone, Fax: CityFax

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You have entered a plea of Not Guilty to a charge of a city ordinance in the Municipal Court. The following information is designed to help you through the Municipal Court procedures. If you have any questions, you may ask the clerk. However, they cannot answer legal questions, only an attorney is authorized to answer legal questions and give legal advise.

YOUR RIGHTS

You have the right to remain silent. Anything you say may be used against you. You have the right to speak to an attorney and to have an attorney represent you during the entire court proceedings. An attorney may be appointed to you if you proof you can afford one. You have the right to represent yourself, but you must waive the right to an attorney before you can exercise that right. You have the right to testify in your defense, have witnesses compelled to testify for you and bring evidence to the court. You have the right to cross-examine anyone testifying against you.

INDIGENT FORM

If you cannot afford an attorney, one will be appointed to you if you qualify. You must complete a form telling the court about your financial condition. All questions must be answered. If you are unemployed and have no means of support, you must explain how you are living, (with parents, friends, etc…). The information you provide will be verified. This form must be signed in front of a public notary, which can be done at the municipal court. This form must be turned in to the court within 48 hours after arraignment. If you fail to complete this form and return it to the court, you will not have an attorney for your trial. If you qualify, an attorney will be appointed. If you do not hear from your attorney within two weeks of your arraignment, you may call the Municipal Court (624-6725) and they will advise you who was assigned to your case. If you are denied, you will be advise by letter within two weeks of your arraignment. You will then have to hire your own attorney or represent yourself (Pro-Se) at the trial.

PRO-SE

Pro- Se means to represent yourself. If you do not wish to have an attorney or you are denied an attorney, you will be asked to sign a Waiver of Counsel to be able to continue as a Pro-Se. You need to be prepared to present your case on the day of the trial. It is advisable to do some research at the library and have all the necessary documentation and evidence ready for the trial. Remember, you are acting as your own attorney.

WITNESSES

You have the right to have persons subpoenaed to testify in your behalf. When you plead Not Guilty, request a witness list. You will be required to list the names, addresses, phone numbers, date of birth, social security and place of employment for each person you wish to be subpoenaed. This list must be returned to the court within two working days. A witness must have been present at the time of the incident or have first hand-knowledge about the incident or crime.

EVIDENCE

You have the right to present evidence at the trial. You will present this evidence at the time you testify. The evidence will be shown to the other party in the case. They will have the right to object to it being admitted. You also have the right to object to any evidence presented against you. A reason for the objection must be given. The judge will rule in any objections prior to admission of the evidence.

TRIAL DATES

You will be given a trial date during the arraignment in which you plead not guilty.

The date will be set at the earliest convenience of the court. Trials are normally held between the hours of 10:00 AM and 4:00 PM, Tuesday, Wednesday and Thursday. A trial may be reset at the discretion of the court. Trials are normally not reset due to the crowded docket call. However, if you need your case reset for any reason, it must be requested in writing. The specific reason for the request must be stated, and include the defendant’s name, the docket number, the date and time of the trial. The judge will review each request and will either grant or deny the request.