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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27479
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Last Nov,2014 I was Arrested ,I was never indited. I go to

Customer Question

Last Nov,2014 I was Arrested for assault,I was never indited.
I go to court Monday and the DA says to the courts that he is going to indite me now.
He told my Attorney if I would plead guilty to a lesser charge he would ask the judge to give me time served and turn me lose,I am not guilty I was defending my self.And I do not want a plea bargain
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.


You have an absolute right to take your case to trial, if you are not guilty. Nobody can make you take a plea if you don't want one.

That said, the DA may actually indict your case, and once that happens there would be no possibility of getting back the deal that's on the table now, which I am guessing would not involve a felony conviction There would also be no possibility of just walking away with time already served if you are convicted after trial.

I say this not to change your mind in any way but just to caution you, if you haven't done so already, to discuss all of your options thoroughly with your lawyer, including the strength and weaknesses of your case and your self-defense claim, so that you can weigh all of the facts and make the decision you feel is most right for you. Once you've done that, your lawyer is obligated to mount the best defense he can give you, regardless of whether he likes your decision or not.

I am not sure what your question was because you didn't actually ask one. So I may not have touched upon what you want to know. If so, please reply and explain your particular concern and I'll add to my answer.