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Justin T. Ashworth

Justin Ashworth’s Answers

2 total

  • Is the pretrial conference an opportunity to have criminal charges dismissed?

    I've been charged with three misdemeanor counts of violating a stalking order. Two of the charges lack evidence or witnesses apart from the statements of my accuser and the third does not allege that I was at a prohibited location or that I even ...

    Justin’s Answer

    Generally, no. To be clear, the opportunity to dismiss is there, if the dismissal is initiated by the prosecutor. Because, the court does not hear or take evidence at a pretrial conference, it is much more likely that the prosecutor will view this as an opportunity for you to agree to and enter a plea. This is not the type of case that you should try to handle by yourself.

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  • Is an infraction considered a criminal offense? Would it create a criminal record?

    The city prosecutor has charged me with a class A misdemeanor for allegedly violating a no-contact order. While the charges appear flimsy and likely to be defeated at trial, I would rather avoid the expense and hassle if possible and am thus cons...

    Justin’s Answer

    The answer to your questions are yes. If you plead guilty to a criminal infraction, the record of the conviction would be a criminal record, and if you plead guilty, if would be viewed (strictly) that you pled guilty to a criminal offense. However, from the facts as given and your questions, it seems that you have specific concerns about consequences that can't be answered without more information. To make sure you understand the consequences as they apply to you, you really should consult with counsel. But if does come down to what it's worth to you.

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