Skip to main content

FELONY - Must you be advised of your constitutional rights before a "PLEA"? , and be notified by someone other than a defender

San Jose, CA |

Must you be told by somebody your constitutional rights such as 5th , 6th amendment - AND notified of felonies other than your initial paper (summons to court) , and only your defender telling you of any crime(s) committed? In my case I have only ever talked to my public defender, and responded to her talking to the judge - never even seen or heard from the prosecution - after like 4-5 visits to court - YES PD said what i was accused of - but isn't this wrong? nobody else did, nor informed me of my rights court-wise -

SIDE-NOTE - this is a seriously confusing court case - still have not been able to enter a "Plea" except once I said something to the nature of "I have not been formally notified of any crimes committed so NOT GUILTY" - currently had PD claim "doubt" after about the 4th to 5th visit PD has never discussed RIGHTS, or procedures, usually simply doing them without telling me

+ Read More

Attorney answers 3

Posted

You had counsel you really should be talking with your attorney about this. . Your 6th amendment right has been satisfied unless the counsel was ineffective. You were arraigned and you were asked plea to every charge. I suppose you pleaded not guilty. There normally is a prosecutor there

If you enter a guilty plea the court will ask you if you understand your rights and the consequences of a guilty plea. Something here just does nit add up.

This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.

Posted

Your public defender is your attorney. That person's decision as to when to advise you of your rights is left to his or her discretion as to when it is best and when it is needed. I do not see any civil rights issue with your case right now. Good luck.

Asker

Posted

I am questioning the competency of the PD actually - around 6 trials now two PD's. the first Denied me the right to apply for the Speedy trial clause when it would be effective, then went through around 3-4 arraignment trials, then 2 where she sent me to psychologists - the 1st was totally useless and never responded in about 2-3 months, the second finally responded - then she applied for a 'doubt' hearing (after the 4th - 5th arraignment) Which I got a brand-new PD, now new PD is repeating what the old one did by bringing back that first useless psychologist In short - been about 6 months now have not even got to stage 2, or 3 of these events - As well as PD (neither) of them advised me of basic things like "what happens if I plead Guilty" Sorry for long-wended post - I am confused as how this case is going

Asker

Posted

I mean 6 goings to court not trials based on stage 1 portions not even going past the "arraignment" stage

Posted

If the PD has claimed a doubt about you that means the PD suspects you may not be competent to stand trial. Your competence will be tested by one or two psychiatrists after which a determination of competence will be made. If you are incompetent you may be committed to a state hospital for a while.

Asker

Posted

Yes, I read up about basic procedures, the original PD never even bothered to discuss this til last moment. I assumed it would happen regardless after she sent me to what she called a "doctor" and I confronted her saying it was a psychologist - I take medicine that may mimic what is suggested

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer