Legal Question in Criminal Law in Massachusetts

What do you do if the judge threatens you with jail if you withdraw your plea and go for a jury trial


Asked on 7/30/10, 3:39 pm

2 Answers from Attorneys

ERNEST BIANDO LAW OFFICE OF ERNEST T. BIANDO, LLC

Motion for a new judge....

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Answered on 8/05/10, 10:20 am
Dmitry Lev The Lev Law Firm

You smile and say "Thank you, Your Honor." While I am not sure what happened, the mere act of withdrawing a plea in itself cannot be cause for jail. What the judge may have been trying to tell you is that IF the withdrawal of the plea is allowed, and IF you lose the jury trial, you may then be facing jail time up to the maximum extent of the law. Another reason could have been that if your withdrawal is allowed and you are awaiting a scheduled trial, the prosecution may ask for a cash bail to assure your appearance in court. If you are not able to post that bail, you may be held in custody prior to trial.

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Answered on 8/06/10, 1:43 pm


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