Q: I have been charged with 3 count larceny can I plea no contest or what should I do
I am sorry for what I have done I have a son I am scared to loose I was drunk and wasn't in the right mind state please help me
A:
Hi, the determination of whether or not you can enter a plea of “no contest” in a criminal case that involves a disposition by a plea bargain a lot of times depends on the courthouse in which you are charged, the judge you have, and the district attorney or prosecutor handling the file.
For example municipal court in most instances will almost always accept a “no contest” plea, where you simply “stipulate” that there is evidence out there, that, if it was presented to the trier of fact (which is the jury, or the judge), could potentially result in a conviction. But in that instance, you are NOT admitting any guilt.
The determination of whether or not any of this might affect the custody of any children is a much bigger issue than we need to discuss in this question. I would suggest you contact a divorce, attorney, or someone who handles DHS matters.
You also need to consult a criminal defense attorney to assist you with this matter. Best of luck!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
