Criminal Law Questions? Ask a Criminal Lawyer.
I am very sorry to tell you that I can't accept this answer.
Do you tell me that someone accused of murder has just to accept felony charges filled against him/her without having the possiblity to say : 'I didn't do it' to a judge in presence of a counsel? Has this person to wait the day of the trial to declare he/she is innocent? Who can believe that? Of course I know without the presence of a lawyer one has the right to remain silent, but what is the point to have one if you can't discuss about your innocence?
A very disappointed £.33. At this rate with no research, things are easy!
"Do you tell me that someone accused of murder has just to accept felony charges filled against him/her without having the possiblity to say : 'I didn't do it' to a judge n the presence of a counsel? This was not your initial question, see above. Your initial question concerned at what phase he could EXPLAIN. Not merely stating "I didn't do it" (which the judge would then likely state, "So, you are pleading NOT GUILTY?). He does not get to explain himself at that Hearing, only enter his plea. I'm sorry if you don't like it. I can only report how it is done.
They don't hold a mini trial before the big shebang. Of course, as I noted above, if the defendant wants to tell his story, he can, to whoever he wants, the newpaper, a letter to the prosecutor, etc. Please let me know what part of this you are finding confusing, if it it still not clear to you.
Has this person to wait the day of the trial to declare he/she is innocent? No, his plea IS his statement that he is not guilty.
Who can believe that? Consider re-reading your question and my answer. I think you've missed something here.
Of course I know without the presence of a lawyer one has the right to remain silent, but what is the point to have one if you can't discuss about your innocence? You can certainly, and SHOULD, discuss your innocense with your lawyer. This can happen every single day, all day, all night. But that is not with the Judge and not in court.
A very disappointed £.33. At this rate with no research, things are easy!Read again please, and let me know if it is cleared up. Let me know which reality is not coming through clearly, so I can better explain.
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