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Welcome.

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My name is Magistrate Michael Douglass.

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You are here today for a hearing called an "Initial
Hearing."

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The purpose of an initial hearing is to formally inform
you of the charges against you and their potential

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penalties, to explain your rights and to discuss other
important matters.

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If you have any questions about your rights or penalties
as stated in this video you should ask them at the

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conclusion of the video when you appear before the
judge or magistrate.

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Because you have been charged with a criminal offense,
it is important that you understand the rights available

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to you throughout the legal process.

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I will now "explain" those rights to you.

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You have a right to a public and speedy trial by jury.

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If you're charged with a felony the court will automatically
set your case for a jury trial to take place at a

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later date.

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If you are charged with a misdemeanor, you must make
a written request stating that you want a jury trial

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and file that written request with the court not later
than 10 days before your first trial date or else

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you waive and give up your right to a jury trial.

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If you are charged with a misdemeanor only and you
do not make a written request for a jury trial, a

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judge or magistrate will then decide your case if
there is a trial.

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You have the right to compel witnesses to appear and
testify on your behalf at any trial or hearing.

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You have a right to see, hear, face, confront and
cross-examine any witnesses and evidence presented

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against you.

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You cannot be required to testify against yourself.

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And, anything you choose to say can and may be used
against you at a trial.

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Additionally, the state of Indiana has the burden
of proving beyond a reasonable doubt that you committed

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any offense charged before you can be convicted of
that offense.

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You have a right to be represented by an attorney
at all stages of your case.

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If you cannot afford an attorney now or at any later
time, the court will appoint an attorney to represent

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you.

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You will likely be asked some questions by the judge
and/or be required to complete a statement under oath

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concerning your finances to determine if you qualify
as indigent in order to have an attorney appointed

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for you at no cost to you.

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If you intend to hire your own attorney, you should
do so within 10 days if you are charged with a misdemeanor

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or within 20 days if you were charged with a felony.

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There are deadlines for the filing of certain defense
motions and the raising of legal issues that will

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be waived if those deadlines are missed.

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You should obtain an attorney promptly so that any
motion can be filed within the time limits.

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Now let's discuss the potential consequences you are
facing if you are convicted.

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The penalties you may face depend on the class of
misdemeanor or level of felony with which you are

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charged.

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For a Class C misdemeanor, the possible penalties
include 0 to 60 days in jail and a fine of up to 500

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dollars.

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For a Class B misdemeanor, the range is 0 to 180 days
in jail and a fine of up to 1,000 dollars.

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For a Class A misdemeanor, the range is 0 to 365 days
in jail and a fine of up to 5,000 dollars.

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For a level six felony, the possible penalties are
six months to two and a half years in prison and a

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fine up to $10,000.

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The advisory sentence, is one year.

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In some circumstances, the court may enter judgment
and impose a sentence as a class A misdemeanor unless

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you have committed a prior unrelated felony for which
judgment was entered as a conviction of a class A

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misdemeanor and the prior felony was committed less
than three years before the second felony was committed.

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For a level five felony, the possible penalties are
one year to six years in prison and a fine up to $10,000.

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The advisory sentence is three years in prison.

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For a level four felony, the possible penalties are
two to twelve years in prison and a fine up to $10,000.

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The advisory sentence is 6 years in prison.

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For a level three felony, the possible penalties are
three to sixteen years in prison and a fine up to

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$10,000.

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The advisory sentence is nine years in prison.

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For a level two felony, the possible penalties are
ten to thirty years in prison and a fine up to $10,000.

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The advisory sentence is 17 and a half years in prison.

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For a level one felony, other than for a level one
felony child molesting charge, the possible penalties

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are twenty to forty years in prison and a fine up
to $10,000.

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The advisory sentence is thirty years for a level
one felony other than for the crime of child molest.

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For the crime of child molesting as a level one felony,
the possible penalties are 20 to 50 years in prison

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with an advisory sentence of 30 years and a maximum
possible fine of $10,000.

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This sentencing range applies when the alleged victim
was under 14 years of age at the time of the offense,

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and one of the following is proven beyond a reasonable
doubt:

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(1) The offense was committed by a person who is at
least 21 years old, or

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(2) The offense resulted in serious bodily injury.

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For the crime of murder, the sentencing range is 45
to 65 years in prison, with an advisory sentence of

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55 years.

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In addition, the court may impose a fine of up to
$10,000.

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There are additional penalties that may be imposed
by the court depending on your circumstances or the

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charges filed against you.

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If you are convicted of a charge involving operating
a vehicle or motorboat while intoxicated or convicted

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of a crime relating to a motor vehicle, your driving
privileges may be suspended for a period not to exceed

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the maximum sentence allowed for the offense.

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Let's go over some of the potential consequences if
you are charged with or convicted of a domestic violence

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offense.

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If you are convicted of domestic battery, or a crime
involving domestic violence, you will lose the right

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to possess a firearm.

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Possessing a firearm after your right to do so has
been revoked may result in separate criminal charges.

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Parenting time with minor children may be restricted
and there may be other penalties which are applicable

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and should be discussed with an attorney.

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If you are charged as a habitual vehicular substance
offender, you should be advised that this is not an

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additional charge but it is a sentencing enhancement.

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If you are convicted of an operating while intoxicated
charge filed against you and you are found to be a

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habitual vehicular substance offender, you will be
sentenced for the operating while intoxicated charge

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and the court will add time to your sentence for being
a habitual vehicular substance offender.

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The additional time will be between one and eight
years.

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If you are charged as a habitual offender you should
be advised that this is not an additional charge but

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it is a sentencing enhancement.

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If you are convicted of a felony charge filed against
you and you were found to be a habitual offender,

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you will be sentenced for the felony charge and the
court will add time to your sentence for being a habitual

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offender.

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If you are convicted of a level six or level five
felony, committed before July 1, 2023, the additional

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time will be between two and six years.

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If your offense was committed on, or after, July 1,
2023, the additional time will be between three years

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and six years.

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If you are convicted of a level four, level three,
level two or level one felony or murder, committed

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before July 1, 2023, the additional time will be between
six to twenty years.

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If your offense was committed on, or after, July
1, 2023, the additional time will be between eight

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years and twenty years.

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There may be additional rights or penalties that apply
to your case due to your specific charges.

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These will be addressed at your initial hearing following
this video.

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If you are here for an initial hearing on a violation
of probation or non-compliance with community corrections,

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you should be advised that your rights differ slightly
from those that you have heard in this video.

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Specifically, you do not have the right to a jury
trial.

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If you wish to contest the allegations contained in
the petition for the violation of probation or the

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notice of non-compliance with community corrections,
you may do so but your hearing will be in front of

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a judge rather than to a jury.

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Also, the state must prove the allegations against
you only by a preponderance of the evidence, which

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is the civil burden of proof.

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It is not necessary that the state prove those allegations
beyond a reasonable doubt.

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You otherwise have all the other rights that were
stated in this video, which I will repeat:

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You have a right to counsel.

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You have the right not to incriminate yourself.

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the right to see, hear and cross-examine the witnesses
and evidence presented against you.

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and

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the right to compel witnesses to testify on your behalf.

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If you are found to be in violation of your probation
or community corrections commitment, the court can

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do one of the following: terminate your probation
or commitment,

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modify the terms of your probation or

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extend the term of your probation by up to one year.

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The court may also revoke your probation or community
corrections commitment and impose all or a portion

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of the suspended sentence against you.

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Now that you've been advised of your rights and the
potential penalties, we'll turn to additional information

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that may apply if you are charged with operating a
vehicle while intoxicated.

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This includes how such a charge could affect your
driving privileges and what steps you may be able

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to take while your case is pending.

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If the court finds probable cause to believe that
you operated a vehicle while intoxicated and failed

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a chemical test, it will recommend a 180-day suspension
of your driver's license.

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Even if a 180-day suspension is recommended, in some
situations you may have an option to continue driving

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under certain conditions.

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You may be eligible to request "specialized driving
privileges", which allow limited driving—such as to

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work, school, or medical appointments—while your case
is pending.

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If you inform the court today that you plan to file
a petition for specialized driving privileges, and

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you file that petition, the court will stay—or pause—the
suspension of your license for 10 calendar days.

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The court will schedule a hearing within 30 days,
and the stay will remain in place until the court

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rules on your request.

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If you do not file a petition within 10 days, or if
your request is denied at the hearing, the stay will

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be lifted and the 180-day suspension will take effect.

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Additionally, you may also request a hearing on specialized
driving privileges if you are charged with any other

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offense where driving is an element of the offense
your license is suspended as a result.

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In other situations, different rules may apply particularly
if there is an allegation that you refused to take

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a chemical test when requested.

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If the court finds probable cause that you operated
a vehicle or motorboat while intoxicated and refused

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a chemical test, the court will recommend a one-year
suspension of your driving privileges.

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If you have a prior conviction for operating while
intoxicated and you refuse a chemical test again,

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the court will recommend a two-year suspension.

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Generally, if you refuse a chemical test, you are
not eligible to ask for specialized driving privileges.

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However, In some situations, the court may consider
an alternative to suspending your driving privileges.

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If the court finds probable cause to believe that
you operated a vehicle while intoxicated—whether you

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refused a chemical test or failed one—it may recommend
that you be prohibited from driving unless your vehicle

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is equipped with a certified ignition interlock device.

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This option is available even if the affidavit states
you refused testing or tested over the legal limit.

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If granted, you would be allowed to drive, but only
with an ignition interlock device installed and functioning

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in your vehicle, as required by law.

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Future court dates will be set, and if you are incarcerated,
the court will determine whether to release you on

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your own recognizance, to a pre-trial release program,
or require you to post a bond in order to be released.

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The court will inform you of your level of supervision.

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You may be required to meet with a representative
of a pre-trial release program after your initial

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hearing.

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The court will also advise you of all the terms and
conditions of your release.

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If you are charged with murder, it is possible that
you will not be granted bail.

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If you are released to the pre-trial release program
or post a bond, you are subject to conditions set

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by the court.

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A violation of any condition may result in a revocation
of bond or pre-trial release and the issuance of a

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warrant for your arrest.

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This concludes the advisement of your rights.

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If you have any questions, please ask them when you
are before the judge.

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Thank you.