If you are facing DUI charges and contemplating entering into some kind of a plea agreement there are some things you should keep in mind. Specifically, you should be aware of the rights that you will be waiving if you decide to enter any kind of plea.
Waiver of Rights Form
Nearly every court in Utah requires a defendant who is entering into plea agreement for a DUI to sign a waiver of rights form. Such a form explains to the defendant every right he has, but which he is waiving by entering into the plea deal. Those forms include an explanation of the following rights:
- The right to a trial by jury;
- The right to confront and cross-examine witnesses for the state;
- The right to compel favorable witnesses by subpoena to testify;
- The right to remain silent and have the state prove each element of every charge;
- The right to a direct appeal;
- The right to counsel, should the client not be able to afford an attorney.
The defendant and his attorney will be required to sign off on the waiver of rights form and then appear in front of the judge. The judge will accept the form and then will typically go over the the rights in detail with the defendant. The judge will ask the defendant if he is under the influence of drugs or alcohol and if the defendant is doing this knowingly and voluntarily, that is, if he understands the rights he is waiving.
In addition to the waiver of rights form and the constitutional rights that a defendant waives, a court will notify the DUI defendant that there may be adverse immigration consequences by entering a plea of guilty to DUI. For example, if you plead guilty to a DUI, you can’t go to Canada. You should ask your lawyer what the immigration consequences are for you in your particular situation.
Give a Provo DUI Lawyer at our firm a call to better understand your rights. We offer free consultations 24/7.
