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THE DUMMY PUBLIC DEFENDER (NOW REMOVED) ENTERED A PLEA IN MY CASE WITHOUT MY CONSENT. I WANT THE PLEA REMOVED

Orlando, FL |

PUBLIC DEFENDER ENTERED A PLEA AND WAIVER OF ARRAIGNMENT IN MY CASE WITHOUT MY CONSENT. I DON'T WANT TO HEAR THIS NONSENSE ABOUT "ITS STANDARD PROCEDURE" TO FILE A PLEA PRIOR TO CHARGES BEING FILED. NO ITS NOT.THAT IS THE BY PRODUCT OF THE " STANDARD SUB STANDARD TRAINING" (TRON 1982) . NO TRULY COMPETENT AND CARING LAWYER WOULD DO THAT. I WANT THE PLEA REMOVED AND WOULD NEVER WAIVE ARRAIGNMENT.I WANT TO BE IN THE TRENCHES IN ALL OF THIS. WHAT SORT OF NOTICE OR MOTION WOULD YOU FILE TO FIX HER BLUNDER ?

PLEASE ANSWER THE QUESTION AT THE END OF THE ABOVE PARAGRAPH INSTEAD OF TELLING ME WHAT THE STANDARD SUB-STANDARD RESPONSE IS (WHICH I POINTED OUT IN SENTENCE 2) THANKS FOR YOUR TIME ;)

Attorney Answers 6

Posted

It sounds like she pled "Not Guilty" for on your behalf and preserved all of your rights. If you are not happy with that result then you have the right to change your plea to "Guilty" and be convicted. www.BryceFetter

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Asker

Posted

MY UNDERSTANDING IS YOU DONT ENTER ANY PLEA AT ALL UNTIL JURISDICTION IS ESTABLISHED. DOING SO GRANTS THEM JURISDICTION TO PROCEED.DOES IT NOT? THAT IS WHY YOU ARE TRAINED TO DO SO.

Don Waggoner

Don Waggoner

Posted

No, they had jurisdiction to proceed. The only that would have been different is that you would have received a notice to appear in court for arraignment, where you would go and plead not guilty and get the ball rolling. If you failed to appear, a warrant for your arrest would have been issued. As it is, the attorney avoided you having to waste time appearing in court and maybe having to answer questions. As of now, there is no harm done to your rights. With very few exceptions, this is the way all arraignments are done.

Posted

It is standard for an attorney to enter a written plea of not guilty and waive arraignment. Only 2 things happen at arraignment: you enter a plea and get a sheet of paper with your official charge on it. If you have nothing else to do and want to wait around so you can insist on pleading guilty, feel free to attend your arraignment. Otherwise, your attorney did the proper thing for you. If you don't know much about a subject, it is better to ask questions and educate yourself before making judgments and criticizing others.

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Asker

Posted

MY UNDERSTANDING IS YOU DONT ENTER ANY PLEA AT ALL UNTIL JURISDICTION IS ESTABLISHED. DOING SO GRANTS THEM JURISDICTION TO PROCEED.DOES IT NOT? THAT IS WHY YOU ARE TRAINED TO DO SO.

Posted

Challenging jurisdiction is the only reason not to waive arraignment and it happens 1 in a million cases. Unless you specifically informed your public defender that jurisdiction is an issue, he/she would have never known.

If you feel so compelled, you can file a Motion to Strike the waiver and state the reasons. There is a good chance that it will not be granted.

Your post was a rant, and stated nothing about the facts of the case. Typically, jurisdiction is never a viable defense, even if you think it is. The state has fairly large hurdles to overcome establishing jurisdiction prior to arrest. If you were arrested, chances are that jurisdiction has been established at least to a minimum level to proceed forward at trial.

If you are unhappy with your PD you have the option of hiring private counsel and advising him/her of your defensive concerns in advance.

John S. Riordan, Esq., RIORDAN & HERMAN, PL., West Palm Beach, FL, (561) 650-8291. Mr. Riordan is a former Palm Beach County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.

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Asker

Posted

THANKS FOR THE REPLY.AS I AM NOT IN ANY PUBLIC OFFICE THE STATE HAS NO JURISDICTION UNLESS I GIVE IT BY CONSENT OR CONTRACT. ENTERING A PLEA IS HOW THEY ARE GETTING IT.PLEASE CORRECT ME WITH SUBSTANCE IF IM WRONG. CHEERS

John Skyler Riordan

John Skyler Riordan

Posted

What's the charge? How does public office relate to jurisdiction? There is jurisdiction if an alleged crime occurred in the county you are being prosecuted in. I would need more specific facts to determine if I agree with your assessment regarding a lack of jurisdiction. My best suggestion is to retain a lawyer and discuss with him/her privately.

Barry Franklin Poulson

Barry Franklin Poulson

Posted

AH, now I understand. You are talking about one of the Freeman Nutcase defenses, where you somehow think you are not subject to the laws of the sovereign. Sorry, the claim is total nonsense. Your defender pled you not guilty. Ask to withdraw it. Then, run your nonsense defense.

Asker

Posted

"Freeman Nutcase defenses" dont know what that means You seem to think the asker is "subject to the laws of the sovereign." Who is this sovereign of whom you write? HRH perhaps? or maybe the POPE Universal Church? We value your wisdom Master Poulson. Please clarify. Cheers

Barry Franklin Poulson

Barry Franklin Poulson

Posted

The state, obviously. Follow the law, the states law. If charged with a crime, hire an attorney. If you cannot afford one, ask the court to appoint one at public expense.

Posted

When you requested the appointment of a public defender, you acquiesced in allowing him/her to make tactical decisions. If you know so much better, you should have represented yourself. You can challenge jurisdiction after arraignment if there is a true legal issue as to jurisdiction. Entering a plea is not the deciding factor. You are confusing this with a civil action; criminal courts have different rules. I suggest you show more respect for your public defender.

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Posted

The other attorneys are right if the plea is of "not guilty." "Waiving your presence at arraignment is allowed by the Florida Rules of Criminal Procedure. Your case is not prejudiced. Good luck!

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Posted

Not a blunder, and probably not submitted in all CAPS. A not guilty plea beats a guilty plea every time. All of your rights were preserved. Work with your attorney, or retain counsel of your choice. You always have that right.

We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.

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