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Have a bench trial tom am. Can I still enter a no lo plea? Simple Battery/walking under the influence. No attorn. Fulton, GA

Alpharetta, GA |
Filed under: Criminal defense

I have no attorney. I didn't know what to do and they just gave me a bench trial. I plead notguilty hoping to get a continuance. Can I use my 6th ammend for an attorney??? Or can I still make a plea of no lo? I have 2 young children and my wife is due in 2 months. This incident is with my sister and she is not pressing charges. PLEASE HELP.

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Attorney answers 3


It doesn't matter whether or not your sister "dropped" the charges. The State still proceeds. A nolo plea goes down on your record exactly as a conviction, so that doesn't help you at all.
If you have waited until the trial date to ask for an appointed attorney, the judge will very likely deny your request.
Please let me know if I can be of assistance. I would be happy to help.
M. Jason Rhoades


It sounds like you waited a bit long to start on this issue. In the future just remember earlier is better.
In short, you can take whatever "plea" is available to you at the time of trial, but also remember that the State may have been having a problem getting the necessary "witnesses" to effectively prosecute you, so the State may have a hard time actually convicting you. I would go get an attorney, and fast. Hopefully that will buy you the time and/or analysis you need to prevent ending up holding the short end of the stick.

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If you cannot afford Counsel Counsel may be appointed to represent you.

You should consult an Attorney that handles Traffic cases in the jurisdiction you received the citation to evaluate your options.

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