 Welcome to Criminal Court for the City of Columbia. Please check your tickets or warrants to be sure you are in the right place. You are here today for a trial or a plea before the judge without a jury. However, you have a right to a jury trial. If you want a jury trial, you must say so before any testimony is taken in your case. All proceedings in this courtroom are recorded. No one should be talking in the courtroom other than the court personnel and those people addressing the court. Cell phones should be turned off or silenced. Cell phones cannot be used to photograph, record or broadcast from the courthouse without prior court approval. You also have a right to a lawyer. Without a lawyer, you will be at a disadvantage not only because you have no legal training but also because you are emotionally involved in the outcome of your case. Dangers of self-representation include lack of legal training, lack of knowledge about the law, rules of evidence and criminal procedure, lack of understanding about the administrative processes of the court and the inherent bias present when you are representing yourself. If you want an attorney but cannot afford one, you may apply to the court for appointment of counsel. To determine whether you financially qualify for a court-appointed attorney, you must complete a form which asks questions about your income and your assets. You may request a form from any bailiff. If you are not a citizen of the United States and you are found guilty or plead guilty to an offense in this court, that conviction may affect your immigration status in this country. We have three diversionary programs available in this court. The alcohol education program, the pretrial intervention program and the traffic education program. All of these programs offer an alternative to pleading guilty or having a trial. Successful completion of these programs will result in an expungement of your arrest record. Expungement is the court-ordered process in which the legal records of an arrest or conviction is erased from a person's criminal background. The alcohol education program, commonly known as AEP, is designated to combat underage drinking. To qualify for AEP, you must be between 17 and 20 years old and charged with an alcohol-related offense. The pretrial intervention program, PTI, provides first-time offenders with an alternative to prosecution in the criminal justice system. You're required to perform community service, make restitution to any victims and participate in counseling. To qualify for PTI, you must be 18 years or older and have no significant history of criminal activity. The charge of driving under the influence does not qualify for PTI. If you are interested in any of these diversionary programs, please speak with the bailiff after this video. In addition to the diversionary programs, you may be eligible for a conditional discharge. A conditional discharge means that the court offered you certain conditions such as treatment and counseling instead of being found guilty. Successful completion of the conditional discharge program results in an expungement of your record. A conditional discharge is only available for the charges of simple possession of marijuana and disorderly conduct. To be eligible, you must not have any prior convictions for the charge on your record and you may only use conditional discharge one time. If you believe you're interested in believe you qualify for a conditional discharge, please see the clerk immediately following this video. If you are not interested in a diversionary program or a conditional discharge, you will proceed today with arraignment. Arraignment is a criminal proceeding where you are brought before the court to hear your charges and to enter a plea. When the court asks for your plea, you may answer guilty, not guilty or no contest. Guilty means that you admit you committed the offense is charged. If you enter a plea of guilty, you will be given up your right to a trial and your right to remain silent. The judge will ask you questions about what happened to establish what is called a factual basis and other questions to satisfy the judge that you are knowingly and voluntarily giving up your right to a trial. That you are guilty of the charges and that you have knowingly and intelligently decided to proceed without an attorney if you're not represented by one. During the plea, you may offer any explanation that you think is important to your case and it may affect the sentence imposed. If you enter a plea of no contest, that means you don't know or don't wish to say, however, that plea will have the same result as a guilty plea. If you plead not guilty, then you have the right to have a trial. In a trial, the city of Columbia police officer or prosecutor must prove their case against you beyond a reasonable doubt. In a traffic case, there is no requirement that the city prove that you intended to violate the law, but simply that you did. During the trial, you have the right to ask questions of any witness for the city. Otherwise, you have the right to remain silent. You cannot be forced to present any evidence. If you choose not to testify, it will not factor into the judge's decision about whether you are guilty or not guilty of the offense charged. You're presumed innocent until and unless you are proving guilty. Prosecutor or officer who presents the case to the court must prove the case against you beyond a reasonable doubt. It is never your burden or obligation to prove your innocence. You will be given the opportunity to testify and have other witnesses speak for you after the city has presented its case. If you are found guilty of the charge, in most instances, you will be fined. All fines will be substantially increased by state assessments and surcharges. Plea bargaining is permitted by the South Carolina Supreme Court. This means that you may speak to the prosecutor or the officer about how your case may be resolved. A plea agreement may result in the amendment of your charge to a less serious offense or possibly one that carries fewer department of motor vehicle points or no points. A dismissal or merger of cases or a specific fine, jail term or other sentence recommendation by the prosecution or officer. If you have any questions about your rights, be sure to ask the judge before you enter your plea. Finally, if you are here today as a victim or witness in a case, please notify the court clerk at the completion of this video.