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Is it Better to Plead Guilty or Not Guilty

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  • 10-31-2009, 12:57 AM
    xg4bx
    Is it Better to Plead Guilty or Not Guilty
    im in nj and received a disorderly persons charge for employee theft totalling $168.00. i am guilty and planned to plead as such. i want to return the items, pay restitution and get this behind me.

    this is my first ever criminal offense. what would be my best course of action? would pleading not guilty open me up to more problems, or would a court go easier on someone who admits their wrong-doing upfront?

    in general, what kind of punishment can i expect?



    my 1st court appearance (answering summons) is on the 18th. even though i plan to plead guilty, should i bring an attorney with me when i enter my plea?

    could i still enter some type of pre-trial intervention with a guilty plea?

    thank you very much.
  • 10-31-2009, 11:52 AM
    LawResearcherMissy
    Re: Better to Plead Guilty or Not Guilty
    Yes, hire an attorney, and no, don't plead guilty.

    If you plead guilty, you are confessing, and you are tying the court's hands. Pleading guilty completely eliminates any opportunity of a lesser sentence - the court cannot "go easier" if you confess.
  • 10-31-2009, 12:49 PM
    xg4bx
    Re: Better to Plead Guilty or Not Guilty
    i can still plead not guilty even though the lp person made me sign a confession of guilt?

    i see your point though. i figure a prosecutor doesnt want to tie his time up dealing with a first timer who made a dopey mistake and would probably settle for getting some type of conviction or plea bargain.

    while technically a possibility, is jail time unlikely considering my 1st time offender status and relatively low dollar amount of the offense? thats my biggest worry.

    when i show up for my summons, do i get a chance to speak to the prosecutor and find out what the other side is looking for in terms of punishment?

    thanks.
  • 10-31-2009, 12:57 PM
    LawResearcherMissy
    Re: Is it Better to Plead Guilty or Not Guilty
    Quote:

    i can still plead not guilty even though the lp person made me sign a confession of guilt?
    Yes, and you should. It's the only way our attorney will be able to negotiate a favorable outcome for you.

    Jail time is not very likely, no.

    Your attorney will have the opportunity to speak with the prosecutor prior to your arraignment.
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