Legal Question in Criminal Law in New Jersey
how many offers can you reject before the d.a decides to take it to trial and does the offers for time to be serve go up or do they go down each time a new offer is made.
2 Answers from Attorneys
usually, you are not given too many opportunities. where are you in Superior Court or Municipal Court, most Superior Court plea offers have a plea cut off date. If you reject it and the cut off date passes you either go to trial or plea to the actual charge. In Municipal Court, the prosecutor could make an offer as often as he or she wants, but if you keep rejecting it, they are under no obligation to make another offer or any plea offer, If you go to trial, the Judge decides the penalty if you lose, if you make the state go to trial the prosecutor will probably ask for a harsher penalty. It is all up to the Court, good luck
In a Superior Court indictable case there is usually a pre-indictment offer and if you reject that the case is sent to the Grand Jury for indictment. If you are indicted, then there is usually one more offer that is worse than the pre-indcitment offer. If you are not indicted after you reject the pre-indictment offer, then that means the charges against you will be dismissed.
Sincerely yours, -Ronald Aronds, Esq.- 908-272-0111
www.njworkerscompensationlaw.com
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