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What should I plead?

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What should I plead?
Submitted: 2 months ago.Category: Legal
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Answered in 1 minute by:
3/29/2018
Lawyer: Zoey, JD, Attorney replied 2 months ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,874
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Do you have a criminal court case? What is your situation?

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Customer reply replied 2 months ago
Just got a DUI this past Tuesday. They took me to the station, went over paperwork and took a breathalyzer. Then released me. I now have court on 4.2.18, this Monday. I'm wondering if i should just plead guilty since i blew for them already?
Lawyer: Zoey, JD, Attorney replied 2 months ago

Thank you! Give me a few minutes to type you a response.

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Customer reply replied 2 months ago
ok thanks
Lawyer: Zoey, JD, Attorney replied 2 months ago

NOOOOOOOOO!

All criminal defendants are considered innocent under the law, unless/until proved guilty beyond a reasonable doubt. That gives you the right to plead NOT GUILTY, despite the breathalyzer results.

In fact, a plea of not guilty is the only plea that keeps your rights open so that you can get a lawyer, fight the case, or bargain for a favorable plea disposition. The minute you plead anything other than NOT GUILTY you have convicted yourself of the crime and you cannot bargain or fight the case any further.

So, it's customary and expected for all criminal defendants to first plead NOT GUILTY. That way you could get the advice of counsel, see some of the evidence against you, have your lawyer bargain for reduced charges or a favorable disposition, challenge the evidence, and so forth. You can always switch your plea to guilty later on once you have a deal in hand that you want. But once you plead guilty, you can almost never switch back to not guilty.

Because criminal cases also can have lifetime consequences, you should have a lawyer with you to assist in your defense. If you can afford one, try to have one with you on your court date. If you can't get one in time, plead not guilty and ask for a continuance to come back with a lawyer.

If you can't afford to hire a lawyer, plead not guilty, tell the judge you are too poor to pay for representation and ask him to appoint you a free lawyer.

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Customer reply replied 2 months ago
ok. I can do that. what about my license? how long will it take for me to get it back. for work and my kids!
Lawyer: Zoey, JD, Attorney replied 2 months ago

On a first offense, within 15 days of your suspension, you could apply for an emergency license. It would be restricted, but it would allow you to get to work and to get your kids to and from school.

BUT, before you get to that stage, you could also request an administrative hearing to challenge the suspension at the DMV. You'd bring that matter to the attention of the judge. If you can have a lawyer by next week, he can request that for you and represent you at the hearing.

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Lawyer: Zoey, JD, Attorney replied 2 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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