Legal Question in Criminal Law in Washington

mistrial

district court in thurston cty wa.

miisdemeanor theft charge

my public defender and i agreed to a trial. then his assistant had me plead guilty to the judge.

i had to hold up my hand and stop the whole process.

is this malfeasance on the part of the pd?

is this wrong?


Asked on 4/29/07, 12:14 pm

1 Answer from Attorneys

James J. White, attorney Law Offices of Smith & White, PLLC

Re: mistrial

Well, there are a number of points here. One, people, including you, are allowed to change their minds. So, although it might have seemed good to have a trial at first it could later seem like a good idea to arrange a plea bargain. So, there is nothing inately wrong with this. However, if you were deceived or coerced in some fashion that would be wrong. I am glad you had the fortitutde to stop the proceeding before you plead guilty.

Basically, your attorney and/or his assistant may feel strongly that the evidence is against you and that you will lose at trial. So, in serving your interest they will strongly try to convince you, again and again, to accept a plea bargain that will result in a smaller penalty for you. However, the finally decision is yours so you must listen to them and explain that you understand but that you have a right to a trial and that is what you want. If you have any further question contact me directly.

At your service,

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Answered on 4/29/07, 1:41 pm


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