Aug
24

How Many Different Types of Pleas are there? California Penal Code 1016 tells you.

By Ronald Cupp PHD

When you get a California Traffic Ticket at  some point the courts will want you to enter a plea.  This is just to let you know what Pleas are available to you and a couple of the intricacies. Most people only know of the first 3 pleas. The actual code is below:

1016.  There are six kinds of pleas to an indictment or an information, or to a complaint charging a misdemeanor or infraction:

   1. Guilty.

   2. Not guilty.

   3. Nolo contendere, subject to the approval of the court. The court shall ascertain whether the defendant completely understands that a plea of nolo contendere shall be considered the same as a plea of guilty and that, upon a plea of nolo contendere, the court shall find the defendant guilty. The legal effect of such a plea, to a crime punishable as a felony, shall be the same as that of a plea of guilty for all purposes. In cases other than those punishable as felonies, the plea and any admissions required by the court during any inquiry it makes as to the voluntariness of, and factual basis for, the plea may not be used against the defendant as an admission in any civil suit based upon or growing out of the act upon which the criminal prosecution is based.

   4. A former judgment of conviction or acquittal of the offense charged.

   5. Once in jeopardy.

   6. Not guilty by reason of insanity.

   A defendant who does not plead guilty may enter one or more of the other pleas. A defendant who does not plead not guilty by reason of insanity shall be conclusively presumed to have been sane at the time of the commission of the offense charged; provided, that the court may for good cause shown allow a change of plea at any time before the commencement of the trial. A defendant who pleads not guilty by reason of insanity, without also pleading not guilty, thereby admits the commission of the offense charged.

This is what you can plea with, but our entire focus is for you NOT TO PLEA. If you plea, you are under the jurisdiction and control of the court. You are now under Contract. You will have to operate under their rules. We always still do, but by using our system we beat them at their own game, and we are not under contract or in jeopardy until we do plea. We just keep using the rules of the court to get a dismissal without a plea.

Important note: if you do have to plea Guilty, plea Nolo Contendre as it is the same as guilty but it cannot be used against you again after in a civil court.

Again, I personally have used this on several California Traffic Tickets, namely  speeding tickets, cell phone tickets, commuter lane tickets, red light tickets, red light camera tickets and seat belt tickets to tie them up and use their own rules of court against them. Remember  It  works for all California infractions,  to have them treated for our purposes, to hold them to the Misdemeanor laws and rules of court!

I have included the video below, so you can hear the reading of the code itself!

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Ronald Cupp PhD

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