Q: So i was seen on camera at a seen of a crime.never seen actually commiting any burg.. Since i was only a person driving
Does this mean i should take a attempted burg as the charge?cause i was not the person who even commited the crime.what would be the highest m1 charge i could try to ask for?
A:
To be perfectly honest, I'm not sure any attorney on here can sufficiently answer what plea (if any) you should take. That's one of the most important advisements an attorney can provide a client, and you should only be discussing this with your lawyer. If you don't have a lawyer, then you ABSOLUTELY need one.
Nevertheless, if you are generally asking what could be a comparable misdemeanor plea to avoid a felony conviction on either Attempted Burglary or Burglary then I would generally say that you could try to ask for 2 convictions on M1 Theft and M2 Trespass (second degree) + longer term of probation than would normally occur on the one felony conviction + several extra probation conditions (to sweeten the deal, so to speak).
However, if your post here is an accurate summary of things, I think it might be hard to get a DA on board with that type of plea if you're clearly the driver of a car involved in a burglary that is caught on camera and you are also specifically seen on camera. The lesser proposed offer would likely only be available to you if you don't have a criminal history and you have a lot of other good mitigation.
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.