Demurrer to complaint; pleas

Demurrer to complaint; pleas

Counsel should carefully examine the statutes used against his or her client to determine if there are any grounds to challenge them. A demurrer is available in many jurisdictions if the complaint is unconstitutional or ambiguous, or if it insufficiently states the charge against the defendant.FN26

The technical definitions in the various computer crime laws have been subjected to considerable discussion in state and federal hearings concerning computer crime laws, as well as in literature. Any such discussions may bolster arguments in support of a demurrer.

If the demurrer is not granted, the defendant must plead. The plea may be not guilty, guilty, not guilty by reason of insanityFN27 or nolo contendre. Usually any plea other than not guilty is made only after conference and agreement with the prosecutor.

The arraignment is a crucial stage in criminal proceedings, and counsel should represent the defendant at this stage.FN28

Prior to representing the defendant at the entering of the plea, counsel must be as fully informed as possible of the case against the defendant. Failure to receive police reports or other prosecution documents will generally be considered good cause for a delay in the plea.FN29