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nibbler303

class 1 misdemeanor defense

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OK, I was charged with a class 1 misdemeanor, camping without a permit. yavapai county az. I pled not guilty for the punishment took me back, 2500 fine, up to 6 months jail and 3 years of probation. I was told i couldn't have a court appointed attorney. So, ive been digging. at the arraignment i wasn't told that i had the right to remain silent,az rules of crim procedure, rule 4.2(3) says the judge should have. I looked up case on line and the verbatim complaint changed to, camping outside of an authorized area, rule 5.4 says the magistrate shall not hold the defendant to answer for a crime different then the original complaint. The place i was given a ticket has a different address then the complaints address. My name is spelled wrong. A clear violation of the 8th amendment,6th amendment right to counsel. ok preliminary hearing is coming up real quick. How do i compile all this into a motion or defense, for which jurisdiction was never stated? Ask for a continuance? 

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12 hours ago, nibbler303 said:

I pled not guilty for the punishment took me back, 2500 fine, up to 6 months jail and 3 years of probation.

 

With the exception of the first four words, this sentence is quite incoherent.  I only point that out because your reference to "up to 6 months [in] jail" may be important because, as noted in one of the prior responses, you are not entitled to a public defender if incarceration is not on the table.

 

 

12 hours ago, nibbler303 said:

at the arraignment i wasn't told that i had the right to remain silent,az rules of crim procedure, rule 4.2(3) says the judge should have.


Ok, so what?  While you are correct about the rule (although it's Rule 4.2(a)(3)), unless you said something incriminating, it's of no moment.

 

 

12 hours ago, nibbler303 said:

rule 5.4 says the magistrate shall not hold the defendant to answer for a crime different then the original complaint.

 

Rule 5.4 concerns the conduct of preliminary hearings, and you haven't had yours yet.

 

 

12 hours ago, nibbler303 said:

The place i was given a ticket has a different address then the complaints address. My name is spelled wrong.

 

Again, so what?

 

 

12 hours ago, nibbler303 said:

A clear violation of the 8th amendment,6th amendment right to counsel.

 

Your post suggests no violation (much less "clear" violations) of either of these amendments.

 

 

12 hours ago, nibbler303 said:

How do i compile all this into a motion or defense, for which jurisdiction was never stated?

 

I'm not sure what this question means.  You don't really expect folks on an internet message board to walk you through the process of writing a motion, do you?

 

 

12 hours ago, nibbler303 said:

Ask for a continuance?

 

If you want, sure.

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