| Q. Do I really need to hire a lawyer? |
| A. Although you are never legally obligated to have an attorney, it is usually a good idea to retain an attorney who is skilled and experienced in the area of law relevant to your needs. Many courts are reluctant to allow defendants to represent themselves. A skilled attorney will know the options available to you, will be skilled in the art of plea negotiations and can advise you as to whether a plea or a trial are in your best interests. |
| Q. I'm only charged with a misdemeanor. So what if I plead guilty? |
| A. If you plead guilty to a misdemeanor, you will, in most cases, have a criminal conviction. In other words, you will have a criminal record. On employment applications, you will have to divulge that you have a criminal record. Some careers will no longer be available to you, as a criminal record automatically acts as a bar to certain jobs. |
| Q. So if I plead guilty to a violation, I’ll just have to pay a fine or do some community service, right? |
| A. Wrong. Violations carry possible jail sentences. Additionally, there are hidden consequences to some pleas. For example, if you are a college student in receipt of federal student loans, you automatically lose your eligibility to continue to receive those loans for a period of one year from a plea of guilty to possession of ANY amount of marijuana. |
| Q. My friend was arrested for a similar crime a few years ago in a different part of the state. I should expect the same deal as he got, right? |
| A. Wrong. Each case is different. The prosecutor and the court look at a number of factors before offering or agreeing with any plea deal. Some of the factors involved include: the defendant’s prior criminal history; whether anyone was injured, and if so, how seriously; the effect on the community; whether the case got media attention; whether the victim is cooperative; the criminal history of the victim; the likelihood of success at trial; what attorney is representing the defendant; the policies of the prosecutors office (they vary from county to county). |
| Q. If I plead guilty in a town court, no-one will find out about it, right? |
| A. Wrong. All courts report the charges and dispositions of all cases. In addition, courts provide this information to companies who perform background checks. A conviction in any court will be reported and will show up in a background check for employment, credit applications, landlord searches, etc. |
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Tully Rinckey PLLC
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