Legal Question in Criminal Law in Florida
"I was not asked how I plea at my arraignment and am being sent to pretrial. Is this not right to assume?" VOP + Obstruction of an Officer.
I would agree I would not have pleaded any other way, but the fact is I was never asked.
How can the court assume your plea? Even though the plea is correct it was never mentioned.
I was appointed an attorney, but now thinking I might have to hire a REAL one. I When I told the public defender she said, well she just assumed and we went for not-guilty. Well she was not my lawyer yet and I had never spoken to her and never asked how I plea even now. I am set for pre-trial on the 24th.
1 Answer from Attorneys
Sometimes the Judge will do this to protect the accused. Normally, if you enter a plea of guilty/no contest to a new charge you are facing jail time on the VOP. Also, the Judge who handled the arraignment may not be handling the VOP.
Beating the new charge should help the VOP. Right now I can not say that your public defender did something wrong.
Good luck,
Mark Conan
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