Can the District Attorney Condition a Plea Bargain on Work as an Informant

[sammy06]

My question involves criminal law for the state of: PA (small town - with history of dui and drug trafficking)

I recently was driving after a late night at a bar with a co worker. I had a little too much to drink and my car was veered into a ditch. No one was hurt and there was no damage to the car - it was a small road with no cars. However, someone did see us trying to get the car out with a tow truck and called the cops.

Cops arrived in the scene - my co worker who was talking to tow truck man left his small joint in the car. In fear of the cop seeing the marijuana I hid in my pocket and panic'd. Cop asked me if I drank and I admitted it and he did a check on me. Found the marijuana and I admitted out of the fear of getting in trouble I did something stupid. And told them it wasn't mine. I agreed to go to the hospital right away to prove that I had never smoked it and to get a BAC level done.

Results came back with no marijuana in blood and an alcohol level of .116.

I tried to get a ARD through the county district attorney office - but was denied even though it was my first offense. I do have a local lawyer. I am facing 18 months of license suspension and 2 days in jail. I am a doctor and have been doing all the steps necessary to improve myself. I even submitted reports of me working in the community and helping myself and even had my boss write my a recommendation letter.

When I went to my court . I was told I have three options:

1. Plea Guilty - take 18 months 2 days in jail
2. Plea not Guilty - and may get full punishment (even though it seems like that's the same as option 1)
and
3. District Attorney told Lawyer if I go out in town and get back 1 lb of cocaine and marijuana he can get my charges dismissed or get me ARD.

Is step 3 even legal? I am a white collar professional I do not know anyone in the town (I am originally from NJ - live in PA just for work). I see several of my patients but I do not interact with them outside of my office. I asked how I would even do something absurb like that and lawyer said you can just go into the bar and come up with it - it's like "working with the cops".

My question is should I report the DA and my lawyer - I can't imagine why they want to bribe me out of a DUI case? Yes I need my license to go to work - but it seems completely illegal there were no cops around no judge. They told me to go home and think about it.

Please give me advise on:

1. Report the DA and Laywer and if so How?
2. Get a new lawyer and fight to appeal or lessen the charges

Thanks!

[free9man]

It's called using you as an informant. They are not asking you for a bribe, they are asking you to work for them in exchange for the charges going away/ARD. Perfectly legal. You are free to accept the CI deal, the guilty plea deal or fight it in court.
Are you charged with just DUI or also possession for the MJ?

[cbg]

You have completely misinterpreted the intent of the DA. They are not asking you for a bribe - they are asking you to participate in a sting operation.

[sammy06]

I am being charged for both even though there was no MJ content in my blood. I told the cops and my own lawyer that it wasn't mine and was my co worker's. I understand that I will get the DUI charge, but does the DA really have a case against me with the possession of the MJ? I would hate for that to be on my record.

Moreover, I don't understand how I can be informant if I do not know the town only my patients. It seems like a very risky thing for a DUI charge to be dropped. The DA refuses to credit me on my merits of helping the community, getting myself in professional help or taking into consideration my recommendation. However is ready to drop all charges if I go and be an informant on my own. It seems like all very unlikely. So what are my options?

[jk]

apparently the DA believes you have more to offer than you are saying here. They don't typically ask a person to become an informant if there are no apparent ties to the drug community.


so, why do you believe you have a right to an ARD?

Results came back with no marijuana in blood and an alcohol level of .116.

maybe that's why you aren't being offered an ARD. ARD is intended for first time offenders that are not considered to be a hazard, generally, if allowed back on the road. Driving with that level of BAC shows you don't give a damn

maybe the fact you had no intentions on reporting the accident makes the DA believe you are a risk on the highway.


Basically, the DA does not have to offer an ARD. If anything, I would suggest consulting with another lawyer. There is nothing to report to anybody concerning what is taking place. There is nothing improper about anything, at least as you have explained here.

but does the DA really have a case against me with the possession of the MJ?

are you serious? It was in your pocket. That is a win for the DA.

Do you realize how many people say; but it isn't mine. I was just holding it for.... Just the same, a friend with less to lose if convicted for possession will sometimes claim ownership in an attempt to save the friend.

It was in your pocket. That is possession, clear and simple.

[viol8te]

You don't get credit for being a doctor who retroactively does community service to suck up to a judge. You are in a position that commands respect and a lot of responsibility. You had a DUI related accident that potentially could have caused some serious injuries to innocent people. It was not by your doing, it was the grace of God that no one was hurt that night. Then you stuffed weed in your pants to top it off. Smart. So, if the DA is offering you a shot to use this small town debacle to save your image(I'm sure that such a small town has already gotten wind of your arrest,) by being a CI, He's doing nothing wrong.