Legal Question in Traffic Law in Florida
Entered a not guilty plea, need advice
I was arrested for a habitual driving offense on a suspended license offense (3rd) and was at my arraignment today, when I was told that I was not able to receive the services of a public defender due to my income. So instead, I was told that I was going to have to get my own legal counsel where as I do not have the monetary means to do so. I was pretty much coerced into entering a plea of ''not guilty'' so that I would have time to do so. I am guilty though and do not want to go to trial with a plea of not guilty. Is there any way I would be able to withdraw my not guilty plea and just plead guilty or no contest and have this not go to trial since I had no attorney present or legal representation at the time of the arraignment?
1 Answer from Attorneys
Re: Entered a not guilty plea, need advice
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Yes, you can withdraw a not guilty plea and change it to no contest or gulity at anytime. It appears that based on your record that the Court (judge or hearing officer) was trying to help you by letting you know that counsel is seriously recommended. Since this is your 3rd offense, you may be facing jail time and thus the Court did not want to accept your plea of guilty. You should seriously consider hiring an attorney. The cost would be far less than spending time in jail if convicted and ordered to do so by the court.
Scott R. Jay, Esq.
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