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?

UPDATED: Jan 17, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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