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If a case goes to trial. Can u take the plea at anytime before the end of trial

Gaylord, MI |

Say i go to trial and in the middle decide i want to take the plea that is offered can i do this. Its a crimanal case

Attorney Answers 5


  1. Most pleas are withdrawn by the prosecutor at the beginning of the trial, but if its still on the table, you can take it anytime.

    My answer to you question does not constitute legal advice. Only an in person or telephone consultation will result in an attorney/client relationship. Call me at (313)402-0853 to discuss your matter further.


  2. I would not count on being able to accept the plea at any time - many prosecutors & judges feel that is like getting two bits at the apple. One judge I appeared in front of used to say when you order the the bandleader & listen to even some of the music you have to pay the full price of admission. Talk to you attorney who should be aware of what the particular court will do if a trail has begun. Good luck

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  3. You can of course always plead guilty-the issue is what you will plead to-as charged or something else. Plea bargains are often pulled after a trial begins. Ask your attorney to find out whether or not the plea bargain is still on the table. After you know, then decide what to do.


  4. You need the advice of a competent criminal defense attorney for advise before your judge and with your prosecutor. It is dangerous to start a trial and assume the offer will remain open or the same after the trial starts. You need experienced counsel.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..


  5. Not only is it very unlikely that a plea bargain will remain available from the prosecutor on the day of trial, some judges have a policy of "no pleas on the day of trial" no matter what, unless it is a plea of guilty to all original charges. However, if the prosecutor sees, during the trial, that the case is not going well for the prosecution, then they might be willing to make a plea offer. If that were the case, then that might be a signal that you shouldn't plead to anything, because there may be a reasonable chance that you may be acquitted. Frank B. Ford 313-565-9289

    The information contained in this answer is intended to convey general information. Nothing contained in this answer is intended as specific legal advice. Although the content is believed to be accurate as to Michigan law, no guarantee is made that it is accurate and up-to-date. This is not an offer to represent you, nor is it intended to create an attorney-client relationship.

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