Legal Question in Criminal Law in New York

Pleading in city court

I have been given 2 pleas while still going through city court. They now are rushing me into takeing a plea before i even get to county court, if i dont take it they said i will have to take it to trial. Do i have to take this before i am even indicted?


Asked on 11/12/05, 3:06 pm

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Pleading in city court

This is very typical of the DA.

What has happened is that the DA has a standard 'menu' (standardized) plea offers depending on the charges made. You are being offered something 'off the menu'.

They will continue to trial unless there is (1) new evidence, (2) acceptance of the plea, or (3) your lawyer is effective in soliciting a better offer.

This is a big part of what a criminal attorney does. He gets you a better deal.

Trial is always difficult. Sometimes you win, sometimes you lose (I am undefeated in November trials - I am one for one in wins. That is important only until the next verdict comes. I am hoping for more undefeated months, but there are no guarentees). Even on that one, I was looking for a particular plea that would be favorable for my client. We did not get it, so we went to trial.

Most lawyers have one fee for pre-trial and then another for the actual trial.

You are welcome to a consultation for no fee.

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Answered on 11/15/05, 3:44 pm
Robert Evans Robert S. Evans esq.

Re: Pleading in city court

If you can provide more specifics I can be of some assistence. Kindly contact my office with this information and I will respond accordingly

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Answered on 11/13/05, 11:03 am


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