Legal Question in Criminal Law in California

embezzlement...misdemeanor

I have been charged with embezzlement as a misdemeanor and have an arraignment on January 31, 2007. Would I be able to discuss a plea bargain directly with the DA prior to the arraignment? I live in Ventura County, CA...


Asked on 1/24/07, 6:34 pm

2 Answers from Attorneys

Daniel J. Mangan III JuryTrialJustice

Re: embezzlement...misdemeanor

Generally pleas are not usually discussed prior to arraignment, some COurt's will give you an idicated sentence if you plead guilty, and talking directly with the DA can have disadvatages, including the potential use of incriminating information you may give them.

Even if the statements were not used, the information could be used to the prosecutions advantage. Hire Counsel

DJM

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Answered on 1/25/07, 3:18 pm
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: embezzlement...misdemeanor

No, you won't really be able to talk to the District Attorney before the arraignment. Remember, anything you say to the police or the District Attorney can and likely will be used against you. Normally, on the date of the arraignment you formally read the charges and asked to enter a plea of guilty, not guilty or no-contest. Before the court asks for a plea they usually ask if you want representation and if you can't afford representation if you want to be referred to the public defender. If you retain your own attorney prior to the arraignment, your attorney can appear for you at the arraignment and you don't have to appear.

Good luck,

Elena

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Answered on 1/24/07, 7:06 pm


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