Have to talk to the DA in NY

[Kio76]

What is the name of your state? NY

I recently attended my court proceeding and the judge advised me not to plead guilty, even though I said I was. He said it may get reduced if I talk with the DA. My question is what am I to say to the DA. My situation was .17 BAc and speeding 45 in 30. Any help is greatly appreciated.

[seniorjudge]

Originally Posted by Kio76

What is the name of your state? NY

I recently attended my court proceeding and the judge advised me not to plead guilty, even though I said I was. He said it may get reduced if I talk with the DA. My question is what am I to say to the DA. My situation was .17 BAc and speeding 45 in 30. Any help is greatly appreciated.

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

[url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]

Public defender’s advice

[url]http://newyork.craigslist.org/about/best/sfo/70300494.html[/url]


Other people may give you other advice; stand by.

[Kane]

IF you decide to talk to the DA without an attorney - which I'm not encouraging - don't say anything, unless or until you're asked. If they do ask you something (like what you're there for, or what you want) tell them, "The judge said I should talk to you, because he said you might offer a reduction on this case."

They may very well have a standard deal for first-time offenders, which may be why the judge suggested you talk to them first. If they do, it's probably in your interest to try to get that deal, without drawing attention to the specific facts of your case (since, at least according to your post, the facts don't appear to be very good.)

[garrula lingua]

Speak to the DA. Tell the DA you were a jerk; that you are sorry and mortified to be in these circumstances (don't speak about the facts of the case - if you do go to trial, s/he may be a witness and may repeat any admissions/confession you made).

Most DAs will give a big break to those who appear scared and mortified to be in court and are first-time (and seemingly once ever) offenders. Frequently, the DA will drop other charges (if any) on a plea to the DUI.

Go to AA meetings ahead of time and have a sheet with signature of those running the meeting to show the DA that you are doing something about your problem and you are truly remorseful.

Hopefully, you are remorseful and this will really be your one and only time in court.
Good luck.

[Kio76]

Thanks guys for the info, i am truely remorseful and realize the stupidity behind the act. My brother lost his best friend to DWI so it has hit close to home. I was very fortunate not to cause an accident or injure anyone.

Thanks again, Kio

[seniorjudge]

Originally Posted by neoxxx

You don't need to go to AA classes you schmuk. You people who think any and all alchohal is evil. You all can kiss my ass.

When I drink and drive again I hope I kill somebody

Everyone say bye-bye to neoxxx.