Asked in Criminal Law and Legal Malpractice for Washington

Q: What would be my next step after a judge refused to properly inform me of all the elements in my charge?

I went to my arrangement and asked the judge if the court we were in recognized the constitution and she stated "yes". I then asked "under which jurisdiction did the Court Plan to charge me under". And she blatantly said "I can't tell you that, you need to get a public defender". To which I stated "actually your honor it is Your lawful duty to properly inform me of all the elements in my case. And jurisdiction is one of those elements". She angrily stated "Washington state jurisdiction". And I said "I'm sorry but that's not a jurisdiction that is recognized by the constitution and since you said this court does in fact follow the constitution. It needs to be recognised by it". She again stated I need to get a public defender which I said " I'm not seeking Legal advice , I'm seeking legal intent" She basically ignored me and told me to get a attorney or public Defender. And I don't want either what can I do here.

1 Lawyer Answer

A: Understanding you do not wish to have an attorney represent you, based upon your question I would recommend your next step be to speak with an attorney to explain the process. The Court has not charged you with a crime, the prosecution has.

The Court is required to advise defendants of their rights at arraignment, ensure that the true name and date of birth are provided and go through the elements of the crime - which usually will name either the City or the County and in the State of Washington. You may have received a copy of the charging documents which should allege the elements of the charged crime, including jurisdiction.

It is unclear what you mean by your statement that you are "not seeking legal advice, I'm seeking legal intent". If you weren't looking for legal advice you would not be on here asking questions about how to proceed next. There may be an issue with your case, but I would suggest you contact an attorney in your jurisdiction or county to fully discuss and review the discovery.

Best of luck to you, Jennifer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.