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Violating the law by Pleading Guilty

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ivanl3

Member
What is the name of your state (only U.S. law)? NJ

Low speed fender bender occurred on a highway. My vehicle and the other vehicle involved were traveling at approx 5-10 MPH. This was during a merge situation during bumper-to-bumper traffic. We were both cited for failing to yield to oncoming traffic

At the hearing, the ADA offered to have my citation reduced to a lesser charge. The lesser charge was speeding -- written up as going less than 5 MPH above the speed limit (of 65 MPH). This carries a much lesser fine and fewer points to be charged against my license. My concern is that he truth is that we were only going about 5 MPH to 10 MPH (well below the speed limit). I explained that to the ADA. He said don't worry about it, no-one will know. He is probably right, but if someone ever did look into it, it is clear that pleading guilty to this offense is clearly a lie. I was not traveling anywhere near the speed limit, let alone over it. There are plenty of witnesses to this.

I am sure this is common practice and I am 99.999999999999% sure I will accept the plea, but am curious to know if there are any laws against blatantly pleading guilty to a crime they did not commit.

Not looking for advice on whether I should accept the plea, just asking if there are any laws in NJ against pleading guilty to crimes they did not commit?
 


HighwayMan

Super Secret Senior Member
No.

It's call plea bargaining and without it the court system would grind to a halt. It is the rule of thumb in criminal and traffic cases as well.

There is no reason for you to waste more of your time thinking about it.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? NJ

Low speed fender bender occurred on a highway. My vehicle and the other vehicle involved were traveling at approx 5-10 MPH. This was during a merge situation during bumper-to-bumper traffic. We were both cited for failing to yield to oncoming traffic

At the hearing, the ADA offered to have my citation reduced to a lesser charge. The lesser charge was speeding -- written up as going less than 5 MPH above the speed limit (of 65 MPH). This carries a much lesser fine and fewer points to be charged against my license. My concern is that he truth is that we were only going about 5 MPH to 10 MPH (well below the speed limit). I explained that to the ADA. He said don't worry about it, no-one will know. He is probably right, but if someone ever did look into it, it is clear that pleading guilty to this offense is clearly a lie. I was not traveling anywhere near the speed limit, let alone over it. There are plenty of witnesses to this.

I am sure this is common practice and I am 99.999999999999% sure I will accept the plea, but am curious to know if there are any laws against blatantly pleading guilty to a crime they did not commit.

Not looking for advice on whether I should accept the plea, just asking if there are any laws in NJ against pleading guilty to crimes they did not commit?
No .
 

ivanl3

Member
Interesting that you did not have to make your decision immediately at the hearing.
Yes, I expressed concern and the ADA included my case (as well as several others --- don't know the reasons why for those cases) in a group of cases to be addressed the following month. The judge/magistrate granted the request.

There were probably close to 100 cases being handled that day. Guessing about 5 (including mine) got pushed to the next month. It was like heading cattle.
 
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