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not allowed to enter a plea at my arraignment Sentencing, Plea Bargains

Discussion in 'Criminal Procedure, Criminal Court' started by gradstudent01, Feb 2, 2009.

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  1. gradstudent01

    gradstudent01 Law Topic Starter New Member

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    hello all:
    i was issued a summons for being in VIOLATION of a NYC park regulation, I WAS IN THE PARK AFTER IT CLOSED. the time on the summons was 1015, i presume there is a small sign somewhere on one the entrances to the park. there are many entrances not all have posted signs.

    I came with my ticket, and the judge asked what time is on the ticket, the public defender said 1030 the judge says 25 bucks, and then the public defender starts convincing me that i dont have to write down on any applications for employment that i was arrested for a crime etc etc, the judge says "what do you want to do?"
    I say " i want to plead my case" he yells "this is not a trial, this is an arraignment," then yells at the clerk, "give him a trial date good bye."

    i was in shock
    i was not allowed to say a word, as soon as i opened my mouth to say her is my explanation of the circumstances and facts, i was dismissed and not even allowed to enter a plea, they never even asked me what to i plea.
    is this a real violation of my rights or what ????
    what recourse do i have?
    please help or should i just call the aclu?
    :(
     
  2. seniorjudge

    seniorjudge Super Moderator

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    The judge entered a not guilty plea for you and set it for trial.
     
  3. gradstudent01

    gradstudent01 Law Topic Starter New Member

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    entered a plea for me?

    1: how could the judge enter a plea for me? did he judge me as incompetent ?
    under what rule or provision?
     
  4. seniorjudge

    seniorjudge Super Moderator

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    If you do not enter a plea, the judge enters a not guilty plea for you.

    Happens thousands of times a day.

    It's not unusual.
     
  5. gradstudent01

    gradstudent01 Law Topic Starter New Member

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    almost convinced, however:


    Is there not an obligation for the judge to have at least asked me what my plea is? to fulfill said obligation should the words " how/what do you plea?," be stated, at a minimum?
     
  6. seniorjudge

    seniorjudge Super Moderator

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    Nothing happened at your arraignment except that a not guilty plea was entered.

    Period.

    End of story.

    Even if.
     
    gradstudent01 likes this.
  7. marlele123

    marlele123 New Member

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    Overdraft fees from BankofAmerica

    On 2/2/09 my balance was $72.00. I had enough money in my account to cover these checks I wrote. However, I have an automatic debt for $153.03 and they claimed this override my other transactions putting my account in overdraft. The 5 transactions were covered so if I did not have enough to cover $153.03 they should have sent it back unpaid and would have dealt with it. Instead of 1 fee of $35.00, I am now paying 5 fees of $35.00. I do not think the bank has the right to make this decision. I am being over charged in bank fees. Which my account started out to be $72.00 and now I owe the bank $362.32. What can be done about this practice. I also am unemployed and when I deposit my little check for $371, it will be ate up bank fees all because they took upon themselves to make the decision to cancel out the other 5 transactions made before the check for $153.03 was presented. The highest amount of these 5 checks presented was $12.37 So what can I do about this matter. Thanking you in advance for you cooperation and consideration in this matter. :mad:

    Jacqueline Sheard
     

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