What are some of my important rights in state court?

• You have a right to refuse to make any statements. If you have a lawyer, never make a statement to anybody without talking to your lawyer first.
• If you are charged with a felony, you have a right to have your case presented to a grand jury where a group of citizens vote as to whether there is probable cause to believe you committed the crime charged. If you are arrested for a felony offense before an indictment is returned, you have a right to an “examining trial” where a judge determines if probable cause exists to believe you committed the crime charged.
• If there is even the possibility you could be put in jail upon conviction of the offense, you have a right to be represented by an attorney and to have an attorney appointed by the court if you can show that you are unable to hire an attorney.
• You have a right to have the state prove any charge against you “beyond a reasonable doubt.” The “beyond a reasonable doubt’ standard is the highest standard of proof that exists in the American justice system.
• You have a right to a jury trial (a jury consists of six persons in misdemeanor cases and twelve persons in felony cases). You have a right to have the jury decide your guilt and innocence, and, if it finds you guilty, you have a right to have the jury decide your sentence.
• If there is a trial, you have a right to testify at the trial. On the other hand, you cannot be forced to testify and, if you chose not to testify, that fact cannot be used against you.
• You have a right to use subpoenas to make witnesses come to court and testify on your behalf at any trial.
• You have a right, if there is a trial, to have your lawyer cross examine the state’s witnesses.
• If you lose at trial (and in some cases if you plead guilty), you have a right to appeal your case and, if you cannot afford a lawyer, you have a right to an appointed lawyer on appeal.