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Thread: Plea Bargains

  1. #1
    Senior Member vort3xr6's Avatar
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    Plea Bargains

    How long do they usually take to get to you in the mail? Has anybody NOT received one and had to go to court instead? It has been a month now and I still haven't received anything. Court date is Oct 6th and the system doesn't even see my ticket in there.

    I really don't want to go talk to a shitty old judge for this stupid wheelie ticket. Just send me the plea bargain and let me pay.

  2. #2
    Senior Member cptschlongenheimer's Avatar
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    Re: Plea Bargains

    I've always had to appear to get them to wheel-n-deal (pun intended) YMMV
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  3. #3
    Senior Member vort3xr6's Avatar
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    Re: Plea Bargains

    Do you wheel and deal with the judge or with the DA?

  4. #4
    Huge Member Site Admin Mother Goose's Avatar
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    Re: Plea Bargains

    I've never gotten one in the mail. It was always when I got to the court house.

  5. #5
    Senior Member brennahm's Avatar
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    Re: Plea Bargains

    Thornton PD sent mine in the mail. All jurisdictions are different.

  6. #6
    Senior Member cptschlongenheimer's Avatar
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    Re: Plea Bargains

    Last one was a speeding ticket in Westminster. Super cool DA knocked it from 38 over to 25 over (but no points off). Super cool judge knocked it down to 10-20 over 4 pointer.

    Keep in mind I had bad situation where a cager was tailgaiting me + road rage driver in right lane was preventing me from getting over. he accelerated to keep me from getting in front and brake checked hard when I tried to get in behind. So i twisted it to leap ahead... and got popped by the motorcycle cop on the left shoulder . I explained all to DA first, then judge. didn't BS them, yes sir'd the crap outta them. Told them I'd make diff choice next time yada, yada...

    So to summarize, Both. I've had other negotiations where the (asst) DA was the only one to deal with (adams county)
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  7. #7
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    Re: Plea Bargains

    I tend to go through cycles of getting tickets. Seems about every 2-3 years...

    Every jurisdiction is different, but in all of them, it's best to show up to get the plea deal.

    Never just send in a payment, or do the early discount. All my tickets have been dropped to a non-moving violation (busted tail light, defective vehicle, etc...) or dropped entirely if the ticket is lost due to an administrative error.

    Most times, it's 1 or 2 points and a fine that is less than the speeding ticket. Plus, it also helps that it's not a moving violation that your insurance cares about.

    I've only had to talk to the judge once, and he just reprimanded me for speeding, in all other instances, you meet with the DA.

    Your "court date" isn't even court. It's an opportunity to plead or accept a deal. Just show up on your court date and tell the DA or whomever that you would like to discuss a plea bargain. Yes it takes some time but it's better than paying a huge fine and having it show up on your driving record.

  8. #8
    Senior Member vort3xr6's Avatar
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    Re: Plea Bargains

    Good to hear. I was wondering if they plead it down, does your insurance company see the previous charge, or the pleaded charge.

  9. #9
    Senior Member cptschlongenheimer's Avatar
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    Re: Plea Bargains

    The one in Westminster was the only ticket I've ever had that I couldn't plead to a non-moving violation. Probably because I was doing 93 in a 55

    Your ins company only sees what you were convicted of and can't (or at least won't) raise rates based on non-moving convictions. At least mine never has.
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  10. #10
    Senior Member cptschlongenheimer's Avatar
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    Re: Plea Bargains

    Also, don't underestimate the value of dressing properly for court. It's a sign of respect that does not go unnoticed. Wear slacks and a button-up shirt minimum.

    And, if you can, get there early to be first in line. That way you get to talk to the DA/judge before all the disrespectful slobs in their ripped jeans and flip-flops piss the guy off.

    Every little thing you can do to make yourself seem remorseful and respectful helps.
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  11. #11
    Senior Member vort3xr6's Avatar
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    Re: Plea Bargains

    I dress in shirt and tie for work so dressing up won't be a problem. I will just wear my suit that day.

  12. #12

    Re: Plea Bargains

    Quote Originally Posted by cptschlongenheimer View Post
    The one in Westminster was the only ticket I've ever had that I couldn't plead to a non-moving violation. Probably because I was doing 93 in a 55

    Your ins company only sees what you were convicted of and can't (or at least won't) raise rates based on non-moving convictions. At least mine never has.
    Well the nature of the offense is one thing, sure. But Westminster is really a bad place to have to go to Municipal Court for anything. The prosecutors there strive hard to deserve and maintain their retched reputations.
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  13. #13
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    Re: Plea Bargains

    Most jurisdictions just want the money. Traffic tickets, parking tickets, etc...are just ways for the department to try to break even or produce some profit so that it's not just a cost center.

    DA's and the courts don't want to spend their time in court fighting over a petty traffic ticket so deals are often struck unless you have a record, multiple tickets were issued, or it was extremely high speeds or careless driving. It's always wise to be there to show the court that you are serious about possibly taking it to trial.

    Don't get me wrong, laws are in place to protect the public and if you broke the law, pay for it, but the way insurance is wrapped around it as well as some of the crazy high fines and points on your license, it's best to find a way to minimize the collateral damage (insurance premiums, cash out of pocket, etc...)

    To summarize, don't sweat it. Show up, look respectable, be respectable and request a plea deal. In most cases, your file is already pulled with a plea deal in it that you just sign and then pay the fine. In and out in about a half hour if there isn't a long line, or if your last name doesn't start with Z.

  14. #14
    Senior Member Ricky's Avatar
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    Re: Plea Bargains

    Usually for careless you have to show up to court and talk to the DA. They will tell you what you get, and you can choose to accept or not.
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    Senior Member vort3xr6's Avatar
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    Re: Plea Bargains

    BUMP.

    No wonder I didn't get a plea bargain.

    I just received a motion to amend summons and complaint letter.

    The cop selected "Traffic Infraction" when he should have selected "Traffic Offense", so the municipal attorney filed a motion to amend the complaint.

    There will be a hearing on the motion to amend on October 6th. I really want to bring papers to oppose the amendment but I can't find a good template to work off of.

    I think this is bullshit. The cop made a mistake on the citation and now the municipal attorney is covering his ass by changing it via amendment.

    Any advice?

  16. #16
    Senior Member vort3xr6's Avatar
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    Re: Plea Bargains

    I could always motion for continuance on account of surprise from the new information. That way the stupid cunt witness and the cop would have to come back again.

  17. #17
    Gold Member Bueller's Avatar
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    Re: Plea Bargains

    I doubt anyone but you will need to show up until it goes to trial (after not guilty plea).
    The continuances need to be asked for at that time if you are trying to inconvenience them.


  18. #18
    Senior Member vort3xr6's Avatar
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    Re: Plea Bargains

    I still would like a plea bargain as I really don't want this to go to trial. Just pissed at the mistake correction made by the attorney.

  19. #19
    Gold Member Bueller's Avatar
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    Re: Plea Bargains

    When you go in they will likely have you talk to an asst. DA and they will have a plea bargin worked out already to offer you in exchange for a guilty plea, you can take it or not before you ever go in front of a judge for the initial arraignment.


  20. #20
    Gold Member Bueller's Avatar
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    Re: Plea Bargains

    It sounds like they wrote a citation instead of a summons (automatic appearance). They are just correcting an error, sort of like if they get your address or other detail wrong it isn't grounds for dismissal it is just a clerical error.


  21. #21
    Gold Member Zach929rr's Avatar
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    Re: Plea Bargains

    you should use the "this dick" defense.
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  22. #22
    Gold Member Bueller's Avatar
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    Re: Plea Bargains

    Apparently you should blame a cop named Melvin


  23. #23
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    Re: Plea Bargains

    They will still give you a plea bargain. Show up to the amendement and just tell them you would like to plead guilty to a lesser offense. You should be able to pay it then too and be done with the whole thing.

    It's just a clerical error and the amendment doesn't automatically mean that you are guilty of the crime and that they will make you pay for it. It's just paperwork on their side.

  24. #24
    Senior Member cptschlongenheimer's Avatar
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    Re: Plea Bargains

    Quote Originally Posted by vort3xr6 View Post
    I still would like a plea bargain as I really don't want this to go to trial. Just pissed at the mistake correction made by the attorney.
    These type of corrections are routine.

    FWIW... You may get more leverage by letting them believe you're willing to take it to trial... IMO
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