Q: Can a pro se litigant in a criminal case initiate communication with the prosecutor for the sake of plea bargaining?
I e-filed an appearance for my own behalf. I was arrested on my 3rd marijuana possession in Indiana; class A misdemeanor. I filed 2 motions; one for stand-by counsel and the other to have my bond returned to pay for my defense. The bond request was denied but there is a hearing set for the public defender. I'm guessing that the prosecutor will offer me a plea bargain at some point but I was curious if I could initiate the process with an offer...the second pretrial conference is set for May 8, 2020.
A: You can initiate the communication and plea discussions. Keep in mind, in many counties prosecutors will negotiate with pro se litigants, however, in some counties they do not. I am not sure which is true where your case is pending. Also be able to make logical arguments and if you have researched any law to let the prosecutor know how you think it applies to your case. I'm not sure why the judge denied you bond request other than he did not want to release it until the case is closed, however, depending on the amount of bond, most attorneys will take an assignment on the bond as part of their fee, so it may still be available to use to pay for an attorney. Good 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.