What do I do if I was told that if I pled guilty toa more serious charge, thata lesser charge would be dropped, but bothare still on my record?

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What do I do if I was told that if I pled guilty toa more serious charge, thata lesser charge would be dropped, but bothare still on my record?

Asked on January 17, 2011 under Criminal Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

CONSULT WITH A DEFENSE ATTORNEY--DO *NOT* MAKE THIS DECISION ON YOUR OWN. Remember: you have an absolute right to an attorney; if you cannot afford one, one will be appointed for you.

That said, the deal you describe sounds like no deal at all. The more serious charge will result in, among other things, more prison time. Also, if another charge will be "on your record," it's NOT being dropped--it may that you will serve no additional time for it (so that you will only serve for the more serious charge) but for it to be "on your record," it sounds like you'd be pleading guilty to it, too. Usually, a plea deal invovles pleading to the *lesser* charge and getting the more serious one dismissed. What your're being offered seems like no bargin, though it's possible you're simply misunderstanding it; in any event, consult with an attorney before making any life-changing decisions, and good luck.


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