May 04, 2005, 15:14
CoryKneelandJudgement Before Complaint Signed
I have a situation where a defendant was found guilty and convicted without a complaint being filed at the time of the plea. Complaint was not filed until almost two months later. Defense counsel has case law saying it is void. Is there a leg for me to stand on?
Wow. So many questions. Such as, exactly why was the complaint filed two months after a plea?
If the case is a Class C complaint, you may be out of luck, as the saving clauses of waiver, etc., haven't generally been extended to such cases. Interesting, that you probably can waive such matters for a more serious case, but not for a ticket case.
And without the complaint, to what pleading did he enter a plea?