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  1. #41
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    Default Re: Former Employer Knowingly Filed a False Police Report Resulting in My Arrest

    In many jurisdictions it is possible for a lawyer to attend an arraignment without the client's presence, or even to waive arraignment by filing a form indicating that you understand the charges. (Did the OP ever get around to following the instruction to identify the state where this occurred?)

  2. #42
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    Default Re: Former Employer Knowingly Filed a False Police Report Resulting in My Arrest

    Quote Quoting Mr. Knowitall
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    In many jurisdictions it is possible for a lawyer to attend an arraignment without the client's presence, or even to waive arraignment by filing a form indicating that you understand the charges. (Did the OP ever get around to following the instruction to identify the state where this occurred?)
    No kidding? How does one enter a plea? While a representing attorney does have a power of attorney and is recognized as representing the defendant and would presumably speak as the defendant would, I could see the lack of the defendant at the arraignment causing myriad problems. If nothing else, a simple denial that the defendant would not have plead as the attorney stated would cause a rash of issues. How is that overcome?

    And I haven’t seen the state provided either.

  3. #43
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    Default Re: Former Employer Knowingly Filed a False Police Report Resulting in My Arrest

    If you waive arraignment, you can enter a guilty plea at a later court hearing, such as a pretrial or plea hearing. If the defendant is in fact desperate to plead guilty, the defendant doesn't lose that opportunity by waiving arraignment.

  4. #44
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    Oct 2014
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    Default Re: Former Employer Knowingly Filed a False Police Report Resulting in My Arrest

    Quote Quoting jk
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    No kidding? How does one enter a plea?
    It does not necessarily require the defendantís presence to enter a not guilty plea. Indeed, at an arraignment if a defendant is present and refuses to enter a plea himself the court will typically enter a not guilty plea for the defendant. It is the guilty plea or plea of nolo contendre for which the defendantís presence is really going to be required as the court will need to question the defendant to ensure that the plea is both knowingly and voluntarily made.

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