Judge entered not guilty plea without consent

[1tenant]

California (LA) In Los Angeles Superior Court, 1945 South Hill Street

I went to court for Arraignment. (no violation happened but they were pulling people over left and right giving tickets for not stopping at a sign from a vantage point they would not be able to determine the violation.)

I refused to enter a plea and contract with the court.
The Judge entered a plea without my consent.

My question is:

Can the Judge Enter a plea for you even with your refusal?
And on what grounds?

What is the name of your state? California (only U.S. law)?

 

[tranquility]

He has the discretion to do so since his only other options would be to find you guilty of speeding or to put you in jail for contempt.

 

[justalayman]

I refused to enter a plea and contract with the court.
?

so, what did you expect the court to do?

 

[CdwJava]

California (LA) In Los Angeles Superior Court, 1945 South Hill Street

I went to court for Arraignment. (no violation happened but they were pulling people over left and right giving tickets for not stopping at a sign from a vantage point they would not be able to determine the violation.)

Then the judge did you a favor by affording you a chance to fight the ticket.

What makes you think that by not entering a plea you might get out from underneath the whole thing??

 

[demurringdude]

The Judge did the only thing he is allowed to to under California law.

California Penal Code:

1024. If the defendant refuses to answer the accusatory pleading,
by demurrer or plea, a plea of not guilty must be entered.

 

[demurringdude]

He has the discretion to do so

He has no discretion. He is required by the Penal Code to enter a plea of Not Guilty.

since his only other options would be to find you guilty of speeding

That would not be an option for the judge at an arraignment.

or to put you in jail for contempt.

You are not required by law to enter a plea. Failing to do so does not constitute contempt.

 

[StevenJ_420Law]

Your "constituional stuff" will simply not work. period. None of it.

If you choose to participate in this society by having a drivers license and things such as that, you will go along with the program at some point. There are those constitutionalists who are true to themselves and do not have licenses and such and that is the way they live and that is equally a choice. You can choose to participate in society or not, but if you break the laws, you cannot choose to not be punished. If you want to 995 motion this challenging jurisdiction or any other motion.. then you need to properly do that. If you dont have a valid legal reasons (like it was sent to the wrong county) you will lose that.

He doesnt need to contract with you. The appropriate thing for the judge to do is to enter a not guilty plea on your behalf and set trial and in fact, you do not need to be there for that trial. He can conduct it without you present by ruling that you voluntarily absented yourself and are essentially exercising your right to remain silent and have the state prove their case.

 

[1tenant]

I was trying not to even enter the court process and consent to anything from the court. I don't want their jurisdiction.

I was first trying the sixth amendment to ask questions to explain the nature of any action against me. she was not responsive.

There has to be a way not to plea.

 

[CourtClerk]

I was trying not to even enter the court process and consent to anything from the court. I don't want their jurisdiction.

In order to do that, go down to the DMV and turn in your license. Never drive again.

 

[Proserpina]

In order to do that, go down to the DMV and turn in your license. Never drive again.

In a nutshell!

Driving is a privilege, not a right (as has been said here at least a gazillion times). When you obtain your license you're agreeing to abide by - guess what? - the law.

That includes court, OP.

 

[1tenant]

StevenJ_420Law,

Thank you for your response,

I did not break any laws. I don't even speed. If you ever seen a ticket stop in LA where cops line up and pull people over and ticket them at will then that might make you wonder what is going on in this state or country? Next chance I get I will video tape it for you. I am may not be versed in the law yet but I see how things are changing. I am participating by trying these parasites from taking my hard earned money for no reason. Maybe help others when I can. I wouldn't have mind it so much but the ticketing situation is out of control. I am not the only one.

 

[justalayman]

I was trying not to even enter the court process and consent to anything from the court. I don't want their jurisdiction.
.

sorry, that's not your choice. You were driving under the authority of the state. You presumably broke one of their rules while driving under their authority. You are subject to their rules and punishment.

did you figure if you stood there long enough the judge would just say:

"well, I guess since he isn't going to enter a plea, I guess we just can't do anything. Bailiff, let him go and we'll try for the next guy. Gee, I hope they all aren't this smart to figure out that if they just don't make a plea we have to let them go."

you don't have to consent to anything. They will help you comply with any action they deem you need to comply with.

 

[StevenJ_420Law]

StevenJ_420Law,

Thank you for your response,

I did not break any laws. I don't even speed. If you ever seen a ticket stop in LA where cops line up and pull people over and ticket them at will then that might make you wonder what is going on in this state or country? Next chance I get I will video tape it for you. I am may not be versed in the law yet but I see how things are changing. I am participating by trying these parasites from taking my hard earned money for no reason. Maybe help others when I can. I wouldn't have mind it so much but the ticketing situation is out of control. I am not the only one.

I'm telling you its simply not going to fly. I've seen the constitutionalists try a hundred times.Occasionally one will hang a jury or something - but you wont have that luxury. The judge must follow the laws and your belief that you can choose not to acknowledge he jurisdiction of the court does not mean that the court will stop proceeding.

I believe some of you guys like to believe you are making a point. If thats what you want to do, do it. But you will not win this. Unless the cop doesnt show up to that trial and the judge dismisses the case, he will proceed. If he finds you guilty (whether you did it or not and whether you believe he is vested with the authority not), you will have a fine assessed. If you do not pay that fine, the court, pursuant to 1214.1 will probably add $300 bucks on top of it and put you into a collection process which can include a hold on your license, private agencies or the franchise tax board coming after your property and funds. They arent messing around or playing games.

Do what you want, but you do so at least aware now of how this WILL go down.

 

[demurringdude]

There has to be a way not to plea.

California law requires that if you answer to a complaint you must do so by either entering a plea or demurring. The grounds for demurring are generally that either the court lacks jurisdiction, or that the facts on the complaint do not add up to anything prosecutable, even if true.

It sounds to me like you do not wish to acknowledge the court's jurisdiction, in which case you should have demurred. However, this would not have got you very far, because you would then have the burden to show the court why it lacked jurisdiction, and you would not have succeeded. The court has jurisdiction over you whether you acknowledge it or not, unless there is some defect in the complaint that makes it not a valid complaint, and you affirmatively make motions to demonstrate that.

Your better option, which is still open to you, is to challenge the ticket at trial.

 

[1tenant]

I understand what you are saying. what is the law if you can not make your case. i was in the middle of explaining that id like the charges to b explained (6th amendment-read the constitution sometime). in the middle of it the plea was entered for me. this is a question of jurisdiction, they don't have any admiralty-they admitted this was criminal charges). whether i have a drivers license or not..constitutional rights DO trump any statutes or codes. they keep us from knowing this fact by playing "games going the court" with facial expressions and kicking ppl out quickly and yelling if anything said. i want to know if they really have the right to do so..when they don't have jurisdiction...we have a right to travel freely. driving is a right!!! read the preamble....since when did getting a drivers license undo the constitution. the supreme court is the only real court. the rest are companies with collection agencies..which r right next door to every court room. hmmmm. wow. wat a coincidence.. How can you make the law work in these courts?