Peace be with you
“Once a complaint, indictment, or information is filed, and if no alternative to court proceedings is available, e.g., a citation hearing or diversion, defense counsel can either demur to the pleading or enter a plea.” How many of you were told that by your public defender when you plead “not guilty?” A demur is a tool to eliminate bogus charges before the plea is entered. Once you plea however, you must ask permission of the court to demur. “A demurrer does not require the court’s permission if it is made before a plea is entered.”
“A demurrer is a legal objection to the sufficiency of a pleading, attacking what appears on the face of the document. The demurrer must be made in open court before a plea is entered unless the court allows it to be made at a later time.”
I bring this to your attention, because unless one knows in advance what the complaint and discovery is in their case they will not be able to demur. There are two ways I know of to protect my right to demur. One is at the time of arraignment before I say “not guilty” ask the court to “reserve my right to demur.” The second way is to ask to continue my arraignment until a later date so I can review the charges. A lawyer would probably be able to explain even more ways, and as always I suggest you seek a legal professional for advice.