Criminal Damage Misdemeanor in Arizona
My question involves criminal law for the state of: Arizona
I have a criminal damage charge that the police have told me is a misdemeanor. I have no prior record of arrest and fully cooperated with the police during the arrest. Since I have no experience with these types of issues I spoke with a friend at a legal office. Here is what he told me:
1. If I plead guilty at the pre-trial the judge will sentance me right away.
2. If I plead not guilty at the pre-trial, a trial date will be set and a prosecuter will be assigned to the case. The prosecuter will make me an offer to avoid having the trial go to court. If the offer is reasonable, he said to accept it. If not, he said I need to get a lawyer.
He suggested that I plead not guilty because it is in my best interest to be able to negotiate with the prosecuter. I had originally planned to just plead guilty. When I discussed the issue with police they said that the fact that I have no prior record and that I fully cooperated would help my case. Two questions on my mind right now are:
1. Do prosecuters even talk to individuals without lawyers? If I go with option 2 and see what I can discuss with the prosecuter I'm not sure they will even talk with me.
2. If I plead guilty at the pre-trial, will I have a chance to talk to the judge before I am sentanced? I would like to make clear a couple of points regarding the incident to the judge and I am unsure if I will even have that chance if I plead guilty. If he only makes his decision based on the police report I'm concerned that he is missing some information. By information I don't mean any excuses for my behavior, I mean details of the incident.
Thank you for any help you can provide.
Re: Criminal Damage Misdemeanor in Arizona
Prosecutors typically do talk with unrepresented defendants, and make plea offers.
I have no way of knowing what you want to say to the judge, and thus have no way of knowing if the judge will let you say it. The judge generally doesn't go by the police report - it's not evidence. Depending upon local policies, the judge may not even have a copy. If you plead guilty you will have the opportunity, in fact the obligation, to state under oath the facts that constitute the offense. Maybe that would fill your needs?
Re: Criminal Damage Misdemeanor in Arizona
If the judge does not read the police report, what does he/she use to obtain information regarding the case? It is my understanding that no prosecuter is present at the pre-trial.
Someone mentioned to me the option of pleading "no contest." How does this differ from a guilty plea as far as sentancing is concerned?
Thank you for your help. I appreciate it.