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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27099
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have a burgerly and theft misdemeanor charge the Da wants

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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?
Hi again,

The DA has complete discretion over which defendants he offers a deferral to. There's no automatic right to a deferral. Sometimes, the case is too serious for the DA to want to give a deferral. You'd never be offered a deferral on a burglary, for example.

So it may be that just by dismissing the burglary charge, the DA believes he is doing enough of a favor for you and is not going to go any further.

If you are here lawfully on an h1, it is not a good idea to plead guilty to a theft offense and to put what you stole on the record. That may cause you some difficulty with your status here in the states. You need to have a lawyer and to let him understand that you are here on a visa and have a status to protect, to make sure he gets you the best deal that he can possibly negotiate for you given the facts and circumstances of your case. The DA can amend the charges for purposes of a plea agreement if he wishes to.

If this is the absolute best plea deal that the DA is ever going to give you, then you need to decide with your lawyer whether you can do better taking the case to trial.

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