Q: I had a arrainment today the d.a asked the judge to take my 4th and a stay away order from a business is this legal
I am not guilty and in court when I tell my side they will know but taking my rights away before guilty or not seems wrong
more info is needed.
there is no way the court would allow you to talk without a private attorney or an appointed PD............that is the person who has all the facts and can answer your question...........INTELLIGENTLY.
A: While it may seem wrong, the law permits Judges to issue orders (like no contact or stay away orders) and assume guilt for purposes of setting bail, for example, all prior to a trial on the cause. You still have all your Due Process rights: a jury trial, where you can see, hear and cross examine the witnesses against you, and present your own defense in a setting where you are presumed innocent and the State has the burden of proving your guilt beyond all reasonable doubt. There are plenty of innocent people in jail awaiting trial to free them.
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