misdemeanor charge

[cricket140]

What is the name of your state? Idaho

I am being charged with a misdemeanor. Hired a lawyer, got bad advice. Can I dump him and call the prosecutor myself? Am I stupid if I do this? I just want to agree to the deal and pay the fine.

Went to court 2 weeks ago. Judge would not accept my guilty plea and set up a trial. I really want this over with now. Is it too late? It feels like a nightmare over such a small thing.

 

[garrula lingua]

What were you charged with ?

The only time I've seen a Judge refuse a guilty plea is
1. The Prosecutor's offer was too light.
2. The Defendant maintained s/he was innocent, so the Judge couldn't take the plea.

Most states have alternate pleas in the case of #2. (in CA it's a People v. West plea & some areas, Alford plea (basically defendant states it's in the defendant's best interest to plead.)

Did the Judge state why he set your case for trial ?
What did your attorney say/do to initiate this ?

You are free to fire your atty, but a Judge doesn't have to grant a continuance of your jury trial because of the firing.
It's going to be a strange jury trial with you rep'g yourself and telling the jury 'I'm guilty, I'm guilty". (They'll probably find you Not Guilty)

 

[cricket140]

I "insulted" a school teacher in front of her class.

I went to court, on advice of attorney tried to enter and Alfred plea. The judge said he doesn't accept Alfred pleas, so I told him I was guilty. He asked what I did, I told him, I think he thought I wasn't "coming clean" and wouldn't accept my plea.

This has been hanging over my head for a year and I just want it done.

Cricket

 

[seniorjudge]

I "insulted" a school teacher in front of her class.

I went to court, on advice of attorney tried to enter and Alfred plea. The judge said he doesn't accept Alfred pleas, so I told him I was guilty. He asked what I did, I told him, I think he thought I wasn't "coming clean" and wouldn't accept my plea.

This has been hanging over my head for a year and I just want it done.

Cricket

GL is correct.

The only time I've seen a Judge refuse a guilty plea is
1. The Prosecutor's offer was too light.
2. The Defendant maintained s/he was innocent, so the Judge couldn't take the plea.


You have to either have a trial or plead guilty. Since you won't plead guilty, you must have a trial.

 

[cricket140]

If I would have understood exactly what the judge wanted to hear, I would have said it. I want to plead guilty and get it over with. Can this be fixed?

 

[garrula lingua]

I would say you have to convince the Judge that you are sorry for insulting the teacher and you want to plead guilty because you are guilty.

But ... you are not being forthright with us.
We have all insulted teachers, some of us by simply attending class.


What, in the world, were you charged with ?

Whatever did you do ? Erase the board, inappropriately, in the front of class ?

A sincere letter of apology to the teacher, submitted to the Judge by your atty, may work.

Or you can write 200 times "I will not insult the teacher" & submit it to the Judge.

 

[cricket140]

Idaho has a law that says you cannot "insult" a teacher in front of one of her students . It is a misdemeanor and that law is called "Abuse of a school teacher" punishable by a 300.00 fine and 6 months in jail. I did write an apology a couple days later. This is all about who has the power.