Legal Question in Criminal Law in New Jersey

Pleas

Can a Judge lawfully enter a plea on your behalf (practice law from the bench) if you immediately object to his attempt and motion for him to withdraw the plea? If no, what if he disregards your motion and puts a plea in anyway?


Asked on 7/19/09, 12:09 pm

3 Answers from Attorneys

david bildner bildner law firm

Re: Pleas

If a judge entered a guilty plea over your objection, you would have a very strong issue on appeal. However, if the judge protected you by entering a not-guilty plea over your objection, it would appear that you have lost nothing. Of course, there may be facts about your specific situation that lead to a different result. Call me if you would like to discuss it further at 877*688*3879.

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Answered on 7/20/09, 1:27 pm
Gary Moore Gary Moore Attorney At Law

Re: Pleas

In the criminal law there is a presumption of innocence which must overcome by the State proving a defendant's guilt beyond a reasonable doubt. When a defendant refuses to enter a plea, either guilty or not guilty, the judge's statement entering a plea of not guilty on behalf of a defendant is mereby a statement recognizing the presumption of innocence.

What you seem to fail to recognize is that the Judge presides over the court and that you are not relating to another person as you would on the street.

Gary Moore

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Answered on 7/19/09, 12:42 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Pleas

I would need more info. This doesn't make much sense.

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Answered on 7/19/09, 2:25 pm


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