My next Court appearance is for sentencing now if I haven't plead Guilty or Not Guilty then why am I coming back for sentencing?

Asked 3 months ago - Glendale, CA

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Pre-Trial

Attorney answers (4)

  1. Contributor Level 14

    5

    Lawyers agree

    Answered February 21, 2013 21:46. Your attorney entered the not guilty plea on your behalf. A pre trial court date is not sentencing. Sentencing occurs after you plead guilty or no contest.

    Seth Weinstein, Esq.
    Practicing throughout Southern California
    (310) 707-7131
    www.sethweinsteinlaw.com

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient... more
  2. Contributor Level 13

    5

    Lawyers agree

    Answered February 22, 2013 08:56. Contact your attorney immediately. You obviously are confused about the status of your case. If your case is set for sentencing, you have pled to a charge. If you don't think that is the case, you need to determine status immediately.

  3. Pro

    Contributor Level 15

    5

    Lawyers agree

    Answered February 22, 2013 12:01. You are confused. Is it pre-trial or sentencing? If its pre-trial, well you havent plead. So that makes sense.

  4. Contributor Level 17

    3

    Lawyers agree

    Answered February 21, 2013 21:47. That's a good question. I think you have misunderstood what was said in court.

    First of all, you clearly entered a "not guilty" plea at your arraignment (first appearance before the court when you were informed of your charges).

    The entry of a "guilty" plea is a fairly formal proceeding where the court advises you of a bunch of rights you're giving up by entering the plea and asking you directly if you want to plead guilty. You would know if you've pleaded guilty. The court can't take a guilty plea from you unless you personally assent to it.

    I am guessing that the judge misspoke.

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