Plead or Request court date? (Worthwhile?)

High-miler
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Re: Plead or Request court date? (Worthwhile?)

by: High-miler on
Wed Apr 27, 2016 8:49 pm

Decatur wrote:There aren't any alternate charges to a handheld device ticket. The best you can expect would be a reduced fine.
Thanks. I seem to have got conflicting information on this, however - there is NO chance they will offer something else?
Unless you're a horrible driver and already have quite a few points on your licence, they shouldn't be of concern.
Zero points on my record at this point. It's a bit of a long story why the actual charge and the points matter & I don't really want to get into it here, but to have the charge end on my record as something with less points would be a benefit. The dollar figure going down as well, well, also a bonus if possible. ;)

So, just to confirm....my early resolution appointment is this Friday.

I have the option of doing it by phone...should I consider this or am I better to go in person? I'd like to see the disclosure, should I expect the person I'll be dealing with to have it at that point, and if I do the process via phone will they read it to me on request?

And lastly...if I don't agree to anything at the early resolution appointment and opt to pursue the matter to court will I be presented with ANY other opportunity to resolve before I'm standing in front of the judge? IE, if there's no disclosure available for me on Friday I'll probably request it go to court, but if/when I get the disclosure and if/when it becomes evident I'm hosed at that point IF I actually end up in front of the judge, will I have another opportunity to plead on the dollar figure at least?

In short, I don't want to blow any opportunity Friday to have the charge and/or dollar figures changed IF that's a "do or die" last chance type situation.

Thanks.


jsherk
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by: jsherk on
Wed Apr 27, 2016 9:03 pm

In person is probably better when trying to negotiate.

Most likely they will NOT have the disclosure.

Let's assume the prosecutor does offer you some kind of a plea deal... you could ask "Can I see disclosure before I decide whether to accept that or not?"
The prosecutor may say "Sure, no problem." which is what you want them to say, and leaves you with an opportunity to review all the disclosure to decide if you want to fight it at trial or take the deal.
The prosecutor may also say "No, this is a one time deal. Take it or leave it." in which case your only option will be to get disclsoure, go to trial and try beat it that way. Most likely, in this case, there will not be another plea deal offered.
+++ This is not legal advice, only my opinion +++




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