Q: If a judge was willing to let me out on my own for a plead of no contest without letting me know the charges is that ok
So I went to court and the judge told me that he did not have all of the charges in front of him but was willing to let me out on an or my own recognizance if I plead no contest to the charges. I told him that I did not want to plead to something without knowing what it is he said what you don't trust me and I told him it's not that I just don't want to plead to something without knowing what it is I asked him are they felonies he said no and told me that I would receive a list of the charges when I got to the jail if I plead no contest he would let me out that day or I would have to stay longer until my next court date if I did not my public defender told me that if I plead no contest that I could at least appeal it later to judge how to suspended sentence on all of those charges but I was never told what they were and never got any paperwork at the jail so how do I find out if this was illegal and what they were
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
This situation raises serious legal concerns - you should never be pressured to plead to unknown charges, and it's highly problematic that both the judge and public defender encouraged this.
You have the fundamental right to know and understand all charges against you before entering any plea. Under California law and the U.S. Constitution, you must be clearly informed of the specific charges and potential consequences before pleading. The judge's conduct in this case could be grounds for withdrawing your plea and potentially filing judicial misconduct complaints.
You can take several immediate steps: First, contact the court clerk's office to request copies of all charging documents and transcripts from your hearing. Second, file a formal request to withdraw your plea based on the lack of proper notice and understanding of the charges. Third, consider filing a complaint with the California Commission on Judicial Performance about the judge's conduct. You should also seek new legal representation, as your public defender's advice to plead without knowing the charges was potentially ineffective assistance of counsel.
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.
