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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 13063
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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I have a burgerly and theft misdemeanor charge the Da wants

Resolved Question:

I have a burgerly and theft misdemeanor charge

the Da wants to plea agreement on a charge of misdemeanor theft wit h1 year seek expungment with theft misdemeanor can I not get deferred prosecution agreement. there going to read in the burglary charge and dismiss the charge.

also the DA wants me to confess to the theft for stuff I Didn't take had nothing to do with? Could ask the DA are state to amend the charge to stealing junk?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 11 months ago.

Alex J. Esq. :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex J. Esq. :

Are you online with me?

Customer:

yes

Customer:

can you answer all my questions I have

Alex J. Esq. :

Welcome to JustAnswer.com

Alex J. Esq. :

There is not such criminal charge as "stealing / theft of junk".

Alex J. Esq. :

so that would not be an option.

Alex J. Esq. :

Did your attorney request a deferred prosecution for you?

Customer:

I MEAN I STOLE JUNK AND WHAT I DENY TAKING ARE DIDNT HAVE TO DO WIT HIS OTHER THINGS THAT WERE TAKEN OFF THE PROSPERTY AS WELL IN ANOTHER BUILDING\

Alex J. Esq. :

I understand, so it might be possible for your local attorney to negotiate a plea to a reduced charge of misdemeanor theft and not burglary

Customer:

AND COULD HE GET ME a deferred prosecution agreement with theft misdemeanor

Alex J. Esq. :

yes, it might be possible if this is your first offense

Customer:

yes it is

Customer:

how could I ask attorney this

Alex J. Esq. :

You would let your attorney know, that you would like to apply for the deferred prosecution.

Alex J. Esq. :

Such request would have to be made by your attorney and approved by the prosecutor.

Alex J. Esq. :

Does this make sense?

Customer:

yes

Customer:

why does defferd prsocutio nagreemtn come befor expungment

Customer:

why do people prefer deferred prosecution agreement more than expunmgment

Customer:

in what cases would a person be denied expungment are deferred prosecution agreement

Alex J. Esq. :

Deferred prosecution means, that if you complete your sentence, your criminal case will be dismissed without a criminal conviction.

Alex J. Esq. :

Makes sense so far?

Customer:

yes

Alex J. Esq. :

Expungement means criminal conviction would be expunged for private purposes, but still would have to be disclosed and can be viewed for government purposes

Alex J. Esq. :

That is why most people would go for deferred prosecution, as that would allow the person not to have a criminal conviction.

Customer:

what do you mean disclosed

Alex J. Esq. :

Meaning that if defendant applies for a federal job or some government license or permit, the conviction would have to be stated, even if it is expunged.

Customer:

what about if the da tells you to confess to something you didn't do and you have to tell on job application what you did what are you suppose to do lye every time that you did something you didn't do?

Alex J. Esq. :

defendant should never confess to any crime that defendant never committed.

Customer:

eve nt oget a lighter sentence

Customer:

even to get a lighter sentence

Alex J. Esq. :

Well, you can plead guilty to a charge, without making specific confessions.

Customer:

so if I took junk and didn't take someone's chainsaws are guns I should not confess to the taking of guns and chainsaws

Alex J. Esq. :

Of course not.

Customer:

so I could plea guilty just to junk taking and not the others that was taken

Alex J. Esq. :

It is never a good idea to confess to any criminal act that someone did not do.

Alex J. Esq. :

It would be up to the DA

Customer:

I CAN TELL THE JUDGE ARE COURT THAT I AM ONLY CONFESSING TO TAKING OF JUNK NOTHING ELSE

Alex J. Esq. :

But it might be possible to please to a reduced charge of misdemeanor theft

Alex J. Esq. :

No, you would have to plead guilty to the charge, to which you agree to plead guilty to, but you don't have to provide the judge with any specifics.

Customer:

why should I have to plea guilty to something I didn't do even though what there charging me for I had nothing to do with

Alex J. Esq. :

I agree with you.

Customer:

so basically if person pleas guilty they don't know what you pleading guilty too

Alex J. Esq. :

You should let your attorney negotiate a plea to a reduced charge

Alex J. Esq. :

well, you would plead guilty to a specific charge.

Customer:

even though they have it written down as a misdemeanor theft these are the charges and I had nothing to do with that stuff that was taken

Alex J. Esq. :

But you do not have to tell the judge the details related to this charge.

Alex J. Esq. :

I understand.

Alex J. Esq. :

It sounds like your local attorney might not be very effective.

Alex J. Esq. :

Do you have a public defender?

Customer:

can you tell them the specific charge you wish to be charged with the one they have evidence you did not the one they have no evidence

Customer:

no I have a hire attorny

Alex J. Esq. :

yes

Customer:

okay

Alex J. Esq. :

your attorney can tell them as to which reduced charge you would be willing to plead guilty to, but DA does not have to agree to it.

Alex J. Esq. :

If DA does not agree, then your case will be tried at trial.

Alex J. Esq. :

Does this make sense?

Customer:

yes

Alex J. Esq. :

Do you have any related follow up questions for me?

Customer:

no that should be all

Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 13063
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 6 other Criminal Law Specialists are ready to help you
Expert:  Alex J. Esq. replied 11 months ago.
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Expert:  Alex J. Esq. replied 11 months ago.
Dear Travis,

I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

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