Representation by an Attorney

Either party has the right to be represented by an attorney at the warrant application hearing. Cases will not be continued automatically for failure of a party to seek counsel prior to the hearing. Any legal questions should be directed to an attorney.

Additional Rights of Persons Accused of Crimes

The accused has the right to remain silent and any testimony given by the accused may be used against him or her. The accused is under no duty to present any evidence tending to prove innocence and is not required to take the stand and testify. If the accused elects not to testify, no inference hurtful, harmful, or adverse to the accused shall be drawn by the magistrate, nor shall such fact be held against the accused in any way. If the accused testifies, the testimony will be recorded and could be used against the accused if the case is prosecuted.