Asked over 1 year ago - White Plains, NYFlag
Today (10/28), I receive a "Appearance/Pre-Trial Conference" from Town of Greenburgh, New York to appear on 11/30 regarding a Stop Sign Violation which I have plead not guilty. The letter said the conference is to give me the opportunity to discuss my case with the prosecutor to negotiate a plea bargain.
What should I do in the conference? and what kind of plea bargain can I enter into?
If I insist I am not guilty, what will happen next?
PS: I have thrown away the citation and my plea not guilty document because it happens last June.
The prosecutor will make an offer. You don't really have to talk much. But like another attorney said, don't make any admissions if you want to go to trial. I have appeared in Greenburgh at a conference and the police officer who gave the ticket was there as well as the prosecutor. I believe my client ended up admitting to a no points violation. They might offer a no points violation like VTL 1101 (Violation of Rules of the Road), or 1201 (Unlawful Parking on a Highway). You will have to decide to take the offer or risk a trial.
Richard F. Sweeney, Esq.
This answer is for information purposes only and does not create an attorney-client privilege.
If you are offered a plea you can take it or try to negotiate with them. If you don't make an agreement, then you can have a trial and present your story and the Judge will decide.
I would be happy to speak with you about your case and help answer your questions. If you are interested, feel free to call. Additionally, we offer free consultations on the phone so you do not even have to leave your home to get help.
I wish you the best of luck.
Please remember that I do not normally monitor these questions after I have posted a reply.
Greenberg & Merola, LLP
Attorneys at Law
521 5th Ave. Ste. 1700
New York, NY 10175
(212) 593-6111, facsimile (516) 887-1720
(Additional offices: Brooklyn, Queens, Long Island)
In your conference, you will have an opportunity to speak with the Prosecutor about your case. Be careful not to make any admissions of guilt or any vehicle infractions.
For example, "I was speeding only 10 mph over the limit instead of 25 mph over the limit."
Ask the prosecutor, very nicely, what would he offer you as a sentence in exchange for a plea of guilty to your traffic offense. If it is something you can live with, you may want to consider accepting the offer and entering into a plea agreement. For example, a "Low Fine", or "No Driver Safety School".
If you insist that you are not guilty, the matter will need to be set for trial. Usually a "Bench Trial" in front of the Judge. The Prosecutor will likely call all witnesses, i.e. Police Officer, needed to prove your case beyond a reasonable doubt.
You will have an opportunity to defend yourself after the Prosecutor presents it's case in chief. You will have an opportunity to give your side of the story and provide any legal defenses you may have.
The Judge will then make his ruling.
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