Legal Question in Criminal Law in California
I am being charged with two different crimes, I plead not guilty to both and now I am being told I can not take a plea (plead guilty) on just 1 crime and go to trial or move for dismissal on the other.. Why are the crimes now being lumped together and how can I get this changed ? I would like to plead guilty to one crime and go to trial or move to dismiss on the other and I was told I cannot do that..Should I have just plead guilty to one and not the other in the first place ? I wanted to at least try and see what my options were before pleading guilty..the case I am trying I know I am not guilty
3 Answers from Attorneys
As the name implies, plea bargains are the result of negotiation. The prosecutor does not have to give you what you want, just as you don't have to give her what she wants. If you don't like her best offer, you are still entitled to make her prove her case to a jury. But you are not entitled to a better offer.
What do you mean, "you were told"? Who told you? If it was your own attorney that you hired, probably it is good advice. If you are using the public defender, well, you get what you pay for.
Plea bargains mean just that, a deal / agreement with the DA. If he doesn't agree, you don't get one. You can always refuse, and go to trial, or you could plead guilty and throw yourself on the mercy of the judge without knowing what he will do to you. Bad move, either way. Obviously, you are playing as a pro per in a system designed for attorneys that know what they are doing. I suggest you hire an attorney, or apply for the Public Defender if you qualify. If you are serious about getting legal counsel in this, feel free to contact me.
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