My question involves criminal law for the state of: California
My son was charged with Ca PC602 (trespassing) and was offered and excepted a plea bargain - Ca PC415 (Disturbing the Peace), with the hope to see the judge and argue before her, BUT.., he never spoke to the judge , he only signed some papers and told to go home.
Since he never spoke to a judge, he was unable to plea no consent, but rather, at my understanding, the court accepted (automatically) a guilty plea. I am aware that the court sees the no consent plea as a guilty plea but my son was intending to fight the new charge. He believes and KNOWS, that he was misrepresented by the Public Defender and ended up effectivly pleading to a charge that he never committed.
Do you have to appear on front of a judge when you agree to a plea bargain? :confused::confused:
Many thanks in advance
My son was charged with Ca PC602 (trespassing) and was offered and excepted a plea bargain - Ca PC415 (Disturbing the Peace), with the hope to see the judge and argue before her, BUT.., he never spoke to the judge , he only signed some papers and told to go home.
Since he never spoke to a judge, he was unable to plea no consent, but rather, at my understanding, the court accepted (automatically) a guilty plea. I am aware that the court sees the no consent plea as a guilty plea but my son was intending to fight the new charge. He believes and KNOWS, that he was misrepresented by the Public Defender and ended up effectivly pleading to a charge that he never committed.
Do you have to appear on front of a judge when you agree to a plea bargain? :confused::confused:
Many thanks in advance
Plea Bargains: If You Accept a Plea Bargain Do You Have to See a Judge
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