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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27196
Experience:  10+ years defending Misdemeanor and Felony cases.
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Driver acting pro se would like to plea bargain a traffic

Customer Question

Driver acting pro se would like to plea bargain a traffic ticket with a mandatory court appearance, plead guilty and pay the fine. Under what circumstances with the prosecuting attorney refuse to except the plea bargain? Isn't that a conflict of interest since court costs get added?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  CrimDefense replied 11 months ago.

Good afternoon. Can you share with me what the driver is being charged with?

Customer: replied 11 months ago.
34;Handicap parking not authorized" Ordinance/Code 7:51-3
Customer: replied 11 months ago.
Perhaps court is required to determine if this is a first offense for the driver (it is).
Expert:  CrimDefense replied 11 months ago.

Thank you. For something like this, there should be NO reason that a plea offer is not offered. I say this because it would and could only delay the process and the State wants to close out cases as fast as possible, to prevent backlog. For something like this, they are going to likely offer you a fine and court costs to resolve this and you can accept it and enter a plea, to close this out. In the rare event that they refuse, you could always plea open to the court and ask the Judge to offer a plea/sentence that you can accept, to resolve this. I really would not be worried about not getting an offer if you want to resolve this, since there would be no reason for them to do this and try and force you to trial. If anything, the offer may include a high fine but that should be the extent of it.

Customer: replied 11 months ago.
Got it. Acting pro se what is the most appropriate mode of communication? Already left message with prosecuting attorney's assistant and written email asking for possible plea. Is there a legal form that needs to be filled out or language that must be used?
Expert:  CrimDefense replied 11 months ago.

My pleasure and I kindly just ask when we are done that you remember to rate my help at the top, so the site will give me credit for my time and answer. At this point, you need to wait until you appear. They are not likely going to respond and convey and offer outside of court, since you are pro se. They will not want to speak with a defendant who is representing themselves, outside of court. When you appear and your case is called, you can ask for an offer and once will be represented.

Customer: replied 11 months ago.
Thank you. I'm getting an error message when I try to rate you 5 stars. Oddly, customer service is encountering the same error. They said you may use this response to receive credit for your answer. This is the error I am getting: "Sorry, your rating was not processed. Please refresh the page and try rating again. If the issue persists, contact Customer Care at 1-***-***-****."
Expert:  CrimDefense replied 11 months ago.

Thank you for letting me know and I can submit it. I tried activating the rating button but if it is not working, please let me know and I will submit it. Thank you very much!