Legal Question in Criminal Law in Alabama

Making Deals With Judges

My son is in jail awaiting the arraignment hearing in 3 weeks. He has been charged by his father with theft of property (even though he returned most of it). He also took some checks on a closed account of mine and forged them. My question is: At the arraignment can he plead guilty and it be lowered to a misdemeanor with stiff instructions about drug rehab, work release etc? Does the police report I had to fill out about the checks to keep from having to pay them myself have to be a felony charge? Can that be a misdemeanor with him working and paying them off? Thank you.


Asked on 3/14/03, 2:46 pm

2 Answers from Attorneys
Walter Blocker Walter l. Blocker, III P.C.

Re: Making Deals With Judges

your son probably, as a practical matter, will not be able to plead guilty at arraignment. it is usually a docket just for the purpose of advising the defendant of the charge and to receive a plea of not guilty. in addition, any plea bargain (felony or misd) will probably not be structured at the time of the arraignment. your police report does not make an offense a felony or misd. you need to call an attorney to assist your son in this matter. call me if i can help.

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Answered on 3/14/03, 3:02 pm
Bobby Lott, Jr. Attorney at Law

Re: Making Deals With Judges

You will not be able to plea until the preliminary hearing. At that time, the judge will read the charge and ask if he has an attorney. It will be best to have one available to help him throught this. He may be able to plead it down to a misdemeanor, depending on the facts of the case.

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Answered on 3/14/03, 3:46 pm


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