What is a pre indictment plea for?

Asked almost 5 years ago - Albuquerque, NM

Okay so I was driving with my daughter and to make this kinda short two different cars with men were driving crazy and almost hit us twice because of their reckless driving and just when we thought it was alll over a man in one of the vehicles spit on my daughter and flicked a ciggerate on her at a stop light for no reason at that time I didnt do anyhting we just kept driving well we came to another stop light and the two cars had me boxed in and one of the men got out of their car and went to my daughters window so I got out a metal pole and threatened him with it and he backed up but then started to come to my side after almost reaching his car so I threw a snapple bottle towards him and hit his car and broke his windshield well the cops were called and I was arrested without giving my

Additional information

side of the story and I was charged with aggrivated assualt with a deadly weapon and child abuse by abandonment...so I would like to know what the pre indictment plea for this is for and if I am suppost to plea guilty to it and also I would like to know what exactly a pre indicment plea is and what it can possibly lead to.

Attorney answers (2)

  1. Howard Woodley Bailey

    Pro

    Contributor Level 20

    1

    Best Answer
    chosen by asker

    Answered . To answer your caption question: a pre-indictment plea offer is for purposes of you getting a reduced sentencing recommendation from the State, in exchange for you agreeing to plead guilty to at least one of the charges. From your facts, there is no mention of a lawyer giving you advice. This is NOT a circumstance where you can do-it-yourself. There are potential defensive issues you raise in your facts that if properly supported, could either be a defense or constitute a strong argument for a very reduced disposition such as PTI (Pretrial Intervention). If you do have a lawyer, discuss these issues before the Court date, if you do not, immediately consult with an experienced criminal defense lawyer admitted to practice law in NM. Do this before you make any decisions about this case. Good luck.

    DISCLAIMER
    I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

  2. John M. Kaman

    Pro

    Contributor Level 20

    Answered . They want you to plead guilty without their having to do any work and without your knowing the evidence against you. This is a BS DA tactic to intimidate people into pleading guilty. Get a lawyer whowill tel them to stuff it if he's any good. If he recommends taking the offer keep looking.

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