Legal Question in Criminal Law in Massachusetts

Rescinding an automatically entered plea

I was stopped last Sunday because the officer said I "crossed the line." I told him I needed him to fill out my Public Servant's Questionnaire before I would give him any of my info. He wouldn't, but I was removed from my truck, and arrested for DUI, Resisting arrest, Assault on a police officer. I demanded to see a magistrate; but I was held until the next morning, when they brought me before the judge. I was told a "Not Guilty" plea was automatically entered by the judge. I told them I did not know if I would be able to afford a lawyer. They "qualified" me to pay $100 for a PD. I did not sign anything, nor was I asked to do the breathalyzer or any sobriety tests. I was realeased without paying any money. I had intendeded to file a special Appearance motion. Can I still do this? Can I or do I need to rescind the judges "automatic" entering of a "Not Guilty" plea for me? I would appreciate any thoughts on this matter. I was told when I first came to the area to watch out driving late at night. I have no found out why, and I don't want to let them get away with this. Please offer any suggestions you may have.

Thanks


Asked on 9/26/99, 5:50 pm

1 Answer from Attorneys
Alan Pransky Law Office of Alan J. Pransky

Re: Rescinding an automatically entered plea

You use words that seem meaningless in the context of a criminal case. I don't know what public servant's questionnaire has to do with being stopped by the police. A special appearance applies to civil cases not criminal. I suggest you talk to your attorney and listen to the advice given.

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Answered on 9/27/99, 8:44 pm


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