Is it legal for a judge to sentence you without reading you your rights in court ?

At the very least, he has a duty to question you concerning your decision to plead guilty. He should have asked if you understand the repercussions of pleading guilty, and if you understand you had a right to fight the case, and be represented by counsel.

At this point, even though he apparently did not properly discharge his duty as a judge, would the result have been any different?

You stated you felt fighting the charges was hopeless. Do you still feel that way? Were you under the influence?

You need to have a valid reason to withdraw a plea of guilty in open court. Based upon your representation, it appears that the judge's actions did not prejudice your case, because you felt you had no case.

Good luck.

There seems to be some confusion in your question about when Miranda Rights need to be explained to you. You are read your rights when the police arrest you. It is your right to have an attorney after being arrested, and if you decide to surrender this right by pleading guilty yourself then no one is going to stop you from doing so. If the judge is a very nice person, he may encourage you to seek council before you plead guilty, but he doesn't have to remind you of rights that you were already informed of. You waived your right to representation by not getting a lawyer before trial. Unless you can realistically claim that you were never read your rights at arrest, or that the arresting officers should have known that you were incapable of understanding your rights, you'll have no basis for appeal and the conviction will likely stick.

It is the arresting officers duty to inform you of your "miranda" rights befotre any questioning. It is very difficult (i know from personal experience) to prove that your rights had not been read to you. Since then the have come up with a "miranda waiver" which is a piece of paper that you sign acknowleging your rights have been read to you but you waive your right to have council present. Once you sign that you can still ask for an attorney, but they then have proof that you were aware of your rights.

The only time that it is necessary to give the Miranda Warning is during the investigatory stage of the investigation...If you are sent to a burglar alarm at 2am and you catch the guy/girl coming out of the door with the cash register, you do not have to give a Miranda Warning.....only when you are asking the subject questions about a possible crime....Hope that helps..

Yes,read my blog from Analville Hoosick Falls,NY.The blatant 450 lb. pig is off the bench now for life, because of my charges against him.I filed with the Judicial Conduct Board in Albany,NY.After a 2 1/2 year investigation,the 450 lb.land whale resigns in lieu of testifying in his own defense.He had no defense,blatant pig.Now his cronies voted him into the Renselear County Legislators,I hope this pig has a massive heart attack.

No, that is not the judges duty. It is the arresting officers duty.

If the person plead guilty - there is no need to mirandize....

First of all the police officer has to tell you these rights, not the judge. The judge is not going to read your rights, ok? It is not his job.

You can try, but I would not put a lot of odds on success. But you won't get a lot of sympathy from me: driving under the influence is inexcusable.