How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 117373
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Daughter received open intox - misdemeanor. Do not want this

This answer was rated:

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.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as or or to find a local attorney to get actual legal advice in all matters.
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.
Law Educator, Esq. and other Criminal Law Specialists are ready to help you

Related Criminal Law Questions