Can you go to trial if you have not been asked by a judge how you plead?
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Can you go to trial if you have not been asked by a judge how you plead?
Asked on February 3, 2012 under Criminal Law, Illinois
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the Due Process clause of the federal and state constitutions in this country, the defendant must first be arraigned before trial is set. At the arraignment, the accused is advised of his or her constitutional rights and is required to make a plea of guilty, not guilty or no contest.
Depending upon the plea, trial is set or not set. Good question.
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