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Can a judge change your plea to not guilty if you pleaded guilty?

E

EGGO

Diamond Member
Basically, my brother was going to be his friend's witness who was being tried in municipal court. He never got called up.

Basically, this was the scene, according to him.

He wanted the guilty plea for trespassing (it was land once owned by a company that became bankrupt here in the pine barrens, but it was supposedly seized by the state we later learned. He didn't know he was trespassing at the time, but he admitted fault so he'd just pay the fee).

When he was called up and he gave his plea, the judge asked, "How old are you?"
"18"
"Does your parents know you're here?"
"Yes"
"I'm going to enter a not guilty plea, bring a parent and an attorney and I'll see you next time."

They became über confused. He repeated, "I want to enter a guilty plea" and she said, "I'm going to enter a not guilty plea and never let something like this happen again.
 
Was a date set to reappear?

If not, sounds like she just told your brother (or your brothers' friend?) to GTFO and don't do it again.
 
entering a not guilty plea is NOT letting him off. He said "bring a parent and an attorney", which means lube up and get ready to reappear. Also, it is customary to force a not-guilty plea when the case needs to be extended; the defendent can change to a guilty plea or plea bargain any where along the road. Applying a not guilty just gives the judge more leniency to require certain things, such as a parent or attorney be present.
 
The judge isn't interested in the fine. Sounds like she wants to make sure the parents are aware and give your friend a lecture (with parents present).
 
Why would he argue with that?
Why would he even plea not guilt?

no contest if anything, but I am 100% not guilty. Ever.
 
In what state is this?

Sounds to me like the judge is giving your friend the opportunity to get off with a lesser fine.

How old was your friend when the crime was committed? Excuse me... alleged crime.
 
Fine might be less - but if his parents have to take a day off work and he needs to pay for a lawyer... he's getting screwed.
 
It's in NJ, he was 18, as far as I know. I have no idea what the tone of the judge was like, so I don't know how hostile it sounded or anything.

I never thought that she could be letting them come to a smaller fine; however, if he has to bring a lawyer, that won't mean a darn thing.
 
Originally posted by: AU Tiger
The judge isn't interested in the fine. Sounds like she wants to make sure the parents are aware and give your friend a lecture (with parents present).
Click to expand...

Then what the judge would be doing is illegal. He is NOT a minor, and requiring a parent to be responsible for a non-minor is not exactly legal and not good practice.

Tell your friend to pick up his balls and go talk to the judge.
 
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