Asked 6 months ago - San Jose, CAFlag
i was arrested for "Stalking" charges. Now in pre-trial.Procecutor is willing to reduce the charges to Maiclious use of phone services (use of offensive lang) charges. Before accepting plea offer i wanted to make sure that i am not doing any stupid thing in my life by admitting the allegations that i didn't do them at all. I hate to have criminal offenses in my record. sometimes i'm thinking of accept'g offer and walk out from legal-battle stress. Many times i'm think'g of tak'g it to Jury trial and show my ex-wife's chronological lies includ'g threat charges and her manipulation skills, and get the case dismissed. I am an IT professional, living here for 13+ years, clean record, dedicated work to a lot of clients, excellent feedback abt my char & work and a member of temples and church.
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary
A word about "legal-battle stress" (good term): It is bad enough to have criminal charges filed against you, but has to be even more energy-sapping when the charges are based on allegations by a "troubled" ex.
You have to give this some thought. Which would have more long-term emotional effects: pleading guilty to something you did not do - or - going to trial. I well understand the desire to plead even if innocent: it gives you some certainty and control over the process, even if it's distasteful. On the other hand, taking the case to trial puts the control in the hands of 12 people you don't know.
But if you think you will be deviled by a decision to plead to something you did not do - in 6 months, in a year, in 5 years - then go to trial.
Then once you have made your decision move forward on it. Don't look back. Adjust your thinking to focus on the consequences of your decision. If you're committed to your decision, and you have made it after much consideration, it should alleviate some of the anxiety.
I am not much of an advocate of pleading guilty to charges that you were not guilty of. Nonetheless, your immigration situation may well present a situation that it may be necessary to consider such an option.
I do not believe that the malicious use of phone services would constitute a crime of moral turpitude, which generally refers to conduct which is inherently base, vile, or depraved, contrary to the accepted rules of morality and the duties owed between persons or society in general. However, out of an abundance of caution, prior to any plea, you need to at least consult with an immigration attorney.
26,606 answers this week
2,686 professionals answering