Dallas, TX asked in Criminal Law, Traffic Tickets and Juvenile Law for Louisiana

Q: If you go to arranment and plead not guilty can the judge tell you to instead talk to the da instead

My 18 yr old son& a friend were in a 1car wreck hit a culvert. The police came to seen both boys where out of car. Driver failed breathalyzer was placed under arrest. Then they turn to my son& give him 2 tickets one for no seatbeltthen then minor in position of alcohol catch is there was none in the car the officer found a old beer can in the ditch &said it was from them. At arranment today he pled not guilty witch is what we told him to do the judge then told him he should talk to da they then took him aside and told him that they would drop the seat belt but could do nothing with other and if he did not pled guilty now that when he came back it would be worse and they could not help him at all they convinced him to sign then gave him 2 yrs probation and over 400 in fines my son is now 19 never been in any trouble at all until today he has never even saw a coart room has sever dyslexia & was not giving time to read the papers he signed how is this leaguel or OK

3 Lawyer Answers
Richard W. Noel
Richard W. Noel
Answered
  • Criminal Law Lawyer
  • Phoenix, AZ

A: it's pressure from the prosecutor to settle the case early. Yes, it's legal. But not fair. Unfortunately your son needed to speak with an attorney who could review all of the facts available and help mount a good defense. Simply pleading NOT GUILTY and telling the DA you'd consider an offer but needed time, would have given time to seek competent counsel. Sorry for his situation.

Randy Bryan Ligh
Randy Bryan Ligh
Answered
  • Criminal Law Lawyer
  • Baton Rouge, LA
  • Licensed in Louisiana

A: Since your son was not represented nothing was done wrong. That said, if your son (and/or you) are having 2nd doubts about his guilty plea, then you have a short period of time in which to ask the Court to withdraw your plea----if you are interested in have the plea withdrawn, based on your post and my experience, you need to immediately contact a criminal defense attorney or 2 in your area and discuss this matter with them and go over the pro and cons of doing this. Good luck.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
Answered
  • Criminal Law Lawyer
  • Covington, LA
  • Licensed in Louisiana

A: Call the Public Defender or hire a private attorney. Do NOT take the plea.

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