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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110350
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Daughter received open intox - misdemeanor. Do not want this

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Daughter received open intox - misdemeanor. Do not want this on her record. no priors of any kind and she is of age. we have a scheduled pre-trial court date. do we plead no contest or guilty with explanation......or what???
Thank you for your question. I look forward to working with you to provide you information you are seeking for educational purposes only.

If you plead no contest, this goes onto her criminal record as a conviction just like a guilty plea. At this point, if it is a first offense, you might want to consider getting her a local attorney who will go to court and talk to the prosecutor on her behalf to try to secure a first offender deal where she gets community service and substance abuse counseling and if she completes them and has no violations in 12 months they agree to dismiss the charges (deferred adjudication), which would mean her record would be clear of convictions.

It is usually best to consider this avenue so the record does not come back to haunt her later in life.

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Customer: replied 3 years ago.

I have court today. No attorney plead not guilty then?

Yes, plead not guilty. Your daughter can approach the prosecutor keeping in mind that anything she says to him can be used against her, so she needs to just ask if there is any possibility of a deferred sentence and dismissal and see what they are willing to do. She should not discuss or admit anything about the charges to the prosecutor as he could use that against her, which is why many prosecutors do not like to talk to defendants directly. If the prosecutor does not want to negotiate or talk to her, then plead not guilty and get a local attorney.
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