Do I have the right to contact the prosecuting law officer in my traffic violation case and try to negotiate a deal?

Asked 7 months ago - Norwalk, OH

I pled not guilty to a traffic citation, because I disagree that I am responsible for the minor collision and the officer cited me for the wrong ordinance. However, now the prosecutor filed to change the ordinance I'm charged under, I'm looking at taking more time off work for a trial and it is all just becoming a headache. Can I just contact the prosecutor and ask for a deal if I change my plea to no contest? For example, would it be reasonable to say that I would be willing to pay the fine and court cost if he agrees not to put any points on my driving record? (I have a perfect record right now.) I've been told that it would probably be in his best interest to work a deal as well to save the court the cost of the trial. I would appreciate any suggestions or feedback on this. Thank you!

Attorney answers (4)

  1. Peter Stephen Kirner

    Contributor Level 16

    2

    Lawyers agree

    1

    Answered . YES. However you have to understand that MOST prosecutors also have full time jobs as defense attorneys. What that means, that if you call them about city business, on a non-city business day, they MAY or may not be willing to talk to you. MOST of the time these discussions take place at the pretrial, and not at prior to the pretrial. I would try if I were in your shoes, but you do not know what the result may be here. Good luck

    The above information is not, nor intend to be, legal advice. You SHOULD consult an attorney for specific advice... more
  2. Christopher Lee Beck

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . You are permitted to do this. Keep in mind that the prosecutor does not have to talk to you. There are lots of prosecutors that will only talk to defense attorneys and not defendant's. You can ask for a no points violation but should have a plan in place for what if the prosecutor says no. Even if it is a no points violation it has the potential to affect your insurance premiums. No contest would be the same thing as pleading guilty but can't be used against you in a civil proceeding. If you are interested in fighting the case or getting a favorable outcome you need to hire an attorney. Otherwise you are gambling.

    Attorney Chris Beck
    Beck Law Office, L.L.C.
    1370 North Fairfield Rd.
    Suite C
    Beavercreek, Ohio 45432
    (937)426-4000 fax
    attycbeck@gmail.com
    www.becklawofficellc.com

    The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client... more
  3. David Mullen

    Contributor Level 8

    1

    Lawyer agrees

    Answered . While you certainly could do that, many prosecutors in smaller communities have other jobs and might not get the message quickly enough to take care of that. Also, given that there is property damage associated with your case, some prosecutor's offices may refuse to offer any sort of deals, and may even demand that you pay restitution to the other person involved.

    You may want to consider hiring an attorney who knows the law, can review the facts, and can engage with the prosecutor to increase your chances of a favorable outcome.

    These answers are not intended nor shall it be deemed to be the rendering of legal advise, they are given based on... more
  4. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Speak with an Ohio attorney. Most deals are done at pre-trial.

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY

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