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Court changing my plea as indicated on citation

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jana07

Junior Member
What is the name of your state (only U.S. law)? Oregon
My husband recieved a speeding ticket, we indicated NO CONTEST on the citation and sent a letter saying although we didn't feel he was quilty, he has been a victim of racial profiling several times, we were asking for leniency and lowering of his bail amount. The court then turned around and stated that his plea was entered as not guilty according to our written request for bail reduction, although we had indicated no contest on the citation. Can the court change the plea we indicated on the citation, just because of our letter that was intended to get our bail reduced? As a side note, they indicated an incorrect race on his citation, adressed him as amigo, he in not mexican, can the incorrect information on the citation be used by us?
 


I_Got_Banned

Senior Member
What is the name of your state (only U.S. law)? Oregon
My husband recieved a speeding ticket, we indicated NO CONTEST on the citation and sent a letter saying although we didn't feel he was quilty, he has been a victim of racial profiling several times, we were asking for leniency and lowering of his bail amount. The court then turned around and stated that his plea was entered as not guilty according to our written request for bail reduction, although we had indicated no contest on the citation. Can the court change the plea we indicated on the citation, just because of our letter that was intended to get our bail reduced?
Would you have preferred it if the court were to have entered a guilty plea and hit him with the full fine?

As a side note, they indicated an incorrect race on his citation, adressed him as amigo, he in not mexican
Maybe the officer is Mexican... Maybe he addresses everyone as "Amigo"!

can the incorrect information on the citation be used by us?
Race information on citation is used for statistical purposes only... It has no effect on whether the elements of the violation occurred or not... And therefore, it has no effect on his guilt or innocence nor does it impact his ability to defend himself against the charge.
 

jana07

Junior Member
Would you have preferred it if the court were to have entered a guilty plea and hit him with the full fine?

We were hit with the full fine, we were looking at a bail reducement when the judge reviewed his record and ruled on OUR NO CONTEST plea, that they somehow changed to a NOT GUILTY plea, and that was the question, how can they change our plea? (and just as a side note, I am not whining about the racial profiling for whining sake, we moved from the hawaii to the mainland in 1978 and my husband had never been ticketed, we moved from Portland to this small community in 2001 and my husband has been pulled over 23 times!!! and never cited until now. It's maddening)
 

FlyingRon

Senior Member
Why are you bent out of shape on this? What do you think "NO CONTEST" plea mean? You can't make any sort of protestation of innocence on a NO CONTEST plea. As far as the proceeding at hand is concerned, as soon as you say that it's over and you will be found guilty.

Judges are entitled to enter "not guilty" pleas in the case of defendants not entering pleas or entering contradictory pleas like "I'm pleading guilty but I didn't do it."
 
Its perfectly appropriate to change your plea to not guilty if you plead guilty then make argument indicating you arent guilty. Its one or the other and it causes a court a lot of trouble if they accept your not guilty plea in writing then close your case. Write another letter and this time plead guilty and request your case be closed. If you want a reduction, appear on a walk in. Your letter probably isnt going to the judge anyway, its going to a clerk, and the clerk isnt reducing anything. They are determining whether to set you for trial or forfeit your bail. So stop wasting everyones time and take care of it properly and there wont be this issue with "changing your plea".
 
Really???? There isn't a court in my county that will let someone "walk in" on this type of an issue... Not. One.
So what? You certainly can in all 3 of my surrounding counties. She/he can call her court and find if he can and if so when their arraignment/walk in traffic calendar is. If he cant appear for arraignment and plead guilty with excuse and ask for a reduction (like you allege you cant in your county), then they will tell him/her. Your county is ONLY your county.. and apparently your county doesnt allow arraignments... and I guess they have invented their own little justice system without arraignments. He needs to contact HIS county, which is not SoCal and probably does arraignments, like the rest of the free world... where he/she can talk with the judge and not Judge Clerk like you. But thanks for your useless bit of info.
 
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garrula lingua

Senior Member
So what? You certainly can in all 3 of my surrounding counties. She/he can call her court and find if he can and if so when their arraignment/walk in traffic calendar is. If he cant appear for arraignment and plead guilty with excuse and ask for a reduction (like you allege you cant in your county), then they will tell him/her. Your county is ONLY your county.. and apparently your county doesnt allow arraignments... and I guess they have invented their own little justice system without arraignments. He needs to contact HIS county, which is not SoCal and probably does arraignments, like the rest of the free world... where he/she can talk with the judge and not Judge Clerk like you. But thanks for your useless bit of info.
Hey, hey ...
Are you a licensed attorney ? (or just a user/expert on marijuana law per Senate Bill 420)
In how many counties in CA do you practice ?
CC was simply pointing out that many counties do not allow what you are telling OP to do.
I don't think her comments are a 'useless bit of info' - she has proven to be very informative.
You don't have to be a jerk.


and - are you saying I can just 'walk in' in San Francisco ?
I couldn't.
And, you can't in Los Angeles.
And, you can't in San Diego.

In most counties in CA you CAN'T just walk in. Maybe in your rural area, but not in the most populated counties.
Who the heck knows whether you can in Oregon.

Why is a CA atty/wanna be atty, so sure of how that area of Oregon runs their court ?
 
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I don't think her comments are a 'useless bit of info' - she has proven to be very informative.
We have history of her intentionally misinforming defendants on CA law in order to dissuade them from asserting their rights and she has proven herself a mere heckler who has yet to be informative on any thread I've ever seen her post. She obviously is scorned that I called her out on it and wants to grab a sentence out of my post to continue her misinformation. If she is a real court clerk, she comes here to take out her fat cat government worker aggressions on people who need help and needs arnold to give her, and her fellow workers, more time off to reflect on what they have and stop being so rude to people.

and - are you saying I can just 'walk in' in San Francisco ?
I couldn't.
And, you can't in Los Angeles.
And, you can't in San Diego.

Who the heck knows whether you can in Oregon.?
The OP needs to contact her court.

Anyway, I use the term walk in, which isnt really used any more even in my courts.. but for clarification since you two want to pick nits for no purpose... but I mean appear and be arraigned on a traffic ticket on the infraction arraignment calendar (as opposed to just mailing in your money)... whenever she would be allowed to do that. I never meant you could wander around into a court house and they would suddenly arraign you whenever one feels like it. Basically the OP can go talk to the judge at arraignment. Thats all I meant. Its actually absurd I most post a paragraph to clarify what is obvious and irrelevent. You get to be arraigned on charges in this WHOLE country. All of it. I dont even need to google it.

If you guys want to pretend you cant walk in and be arraigned in those counties, continue to do so. I've already googled LA superior and found their infraction arraignment calendar. I suppose I could waste my time and find out if in those other 2 counties you mentioned you have your rights under CA law, but I wont. I'm sure you are as wrong as CC, even if you are twisting the term.
 
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GoIllini

Member
I call a lot of my litigants honey... I don't think they're bees.
Is your name Jennifer Flowers?

Sorry, couldn't resist.


In any case, this doesn't sound like a huge problem. Just wait for your court date and see if you can plea things out in a pre-trial conference. You'll probably get a bigger reduction than you'd get from the judge.
 

CourtClerk

Senior Member
If she is a real court clerk, she comes here to take out her fat cat government worker aggressions on people who need help and needs arnold to give her, and her fellow workers, more time off to reflect on what they have and stop being so rude to people.
Apparently you haven't gotten the memo.

We've told Arnold time and time again... he can't tell us what to do - and we've proven it. You my dear... are an idiot and you need to FOCUS.
 
Apparently you haven't gotten the memo.

We've told Arnold time and time again... he can't tell us what to do - and we've proven it.
I saw that recently as a matter of fact
LA Superior Court announces 330 layoffs, plans to shutter courtrooms | 89.3 KPCC
LA Superior Court announces 330 layoffs, plans to shutter courtrooms

And you really stuck it to him in 09 too

http://www.lasuperiorcourt.org/courtnews/Uploads/14200951915506Newsreleaserefurlough5-19-2009Revversion2.htm
Responding to Fiscal Emergency, Los Angeles Superior Court to Close One Day Per Month

You my dear... are an idiot and you need to FOCUS.
You are a dishonest heckler now go eat your bag of pretzels.
 
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