Sec. 2-3-280. First appearance.
(a) If the defendant has not previously acknowledged guilt or liability and satisfied the judgment, the defendant shall appear before the Municipal Court at the time scheduled for first appearance.
(b) The defendant may appear in person or by counsel who shall enter an appearance in the case; provided, however, that if an admission of guilt or liability is entered, the Municipal Court may require the presence of the defendant for the assessment of the penalty.
(c) If the defendant appears in person, he or she shall be advised of the following:
(1) The nature of the violation alleged in the charging document;
(2) The penalty, fees and costs that may be assessed, and the penalty points that may be assessed against the defendant’s driver’s license, if applicable.
(3) The consequences of failure to appear at any subsequent hearing, including with respect to violations of Chapter 8, Article 1, “Model Traffic Code” of this Code, entry of default judgment against the defendant and reporting the judgment to the State Motor Vehicle Division which may assess points against the defendant’s driver’s license and may deny an application for a driver’s license or for renewal of a driver’s license until such judgment is satisfied.
(4) The right to be represented by an attorney at the defendant’s own expense.
(5) The right to deny the allegations and to have a final hearing before the Municipal Court.
(6) The right to remain silent because any statement made by the defendant may be used against him or her.
(7) That guilt or liability for the offense must be proven beyond a reasonable doubt.
(8) The right to testify, subpoena witnesses, present evidence in accordance with the Colorado Rules of Evidence, and cross-examine any witness.
(9) That any answer must be voluntary and not the result of undue coercion on the part of any person; and
(10) That an admission of guilt or liability constitutes a waiver of the foregoing rights and any right to appeal.
(d) The defendant personally or by counsel shall answer the allegations in the charging document either by admitting guilt or liability or by denying the allegations.
(e) If the defendant admits guilt or liability, the Municipal Court shall enter judgment and assess the appropriate penalty and the fees and costs. (Prior code 1.18.060)