What is the name of your state?NY
10 years ago I was charged with a B misd but pled guilty to a non-criminal violation.
At arraignment when i met with my legal Aid attorney she had the complaint in front of her and my blank rap sheet. She said 'why don't we try to dismiss the charge" and said she was going to talk to someone either the judge or the DA. A few minutes later she came back and said it's not possible to dismiss the charge but instead to plead guilty to a non-criminal violation, which i did.
My question: Did she talk to the judge or to the DA?
Second, is pleading guilty a judicial right of a defendant, or is it only possible when there isn't enough evidence?
For example, in a DWI case one hears that pleading guilty to lesser charges (like reckless driving) rarely happens because there is often enough evidence in a DWI case (breathylyzer result, condition prior to arrest) to convict the defendant.
So not everyone can plead guilty to a lesser charge?
10 years ago I was charged with a B misd but pled guilty to a non-criminal violation.
At arraignment when i met with my legal Aid attorney she had the complaint in front of her and my blank rap sheet. She said 'why don't we try to dismiss the charge" and said she was going to talk to someone either the judge or the DA. A few minutes later she came back and said it's not possible to dismiss the charge but instead to plead guilty to a non-criminal violation, which i did.
My question: Did she talk to the judge or to the DA?
Second, is pleading guilty a judicial right of a defendant, or is it only possible when there isn't enough evidence?
For example, in a DWI case one hears that pleading guilty to lesser charges (like reckless driving) rarely happens because there is often enough evidence in a DWI case (breathylyzer result, condition prior to arrest) to convict the defendant.
So not everyone can plead guilty to a lesser charge?