I'm being blamed for a school bomb threat. I was with the girl who wrote it but she's blaming it on me because I beat up her sister..my mom runs a daycare and im trying to make it so she can still do her job at home and me still live here.. what should I do.
The best thing to do would be to consult with an attorney about your case. There are legal differences between a stay of adjudication and a continuance for dismissal. In short, for a stay of adjudication, you have to admit guilt up front. For a Continuance for dismissal, you do not. These are two separate plea deals with different legal consequences. An attorney can explain these differences to you and advise you of the best course of action for your case.
It seems, on the face, that you may even have a good defense to the charge. Also, if your mom's daycare status is in jeopardy, it makes it even more important to seek the advice of counsel. Typically, it is EXTREMELY hard to get a guilty plea withdrawn. Saying, "I didn't know my mom would lose her license" probably wouldn't work as a reason to withdraw a plea.
If you can not afford an attorney, seek the guidance of the public defender's office in your jurisdiction. You are entitled to a public defender if you meet the guidelines (and you probably do because you are student and probably don't have income). I do not practice in Balaton, but, I believe this may be the contact information for the PD in your area:
Public Defender's Office
601 Jewett St # A, Marshall, MN 56258
Just remember, going to a court hearing without an attorney and potentially taking a plea deal without an attorney is like going to a gun battle without a gun.
I wish you the best,
Generally speaking, a stay of adjudication involves entering a guilty plea which (absent later probation violation) the court will not accept. A continuance for dismissal involves no entry of a guilty plea, similar probation, and a better chance of expungement later on. Hard to imagine why one would not prefer a continuance for dismissal over a stay of adjudication.
However, I make no direct comment on what you should or should not do, as I have not reviewed you case. Giving advice as case-specific as you seek would be irresponsible without a much more thorough examination of your situation (which goes beyond the reasonable boundaries of this forum). If you do not yet have an attorney representing you, take no further steps without "lawyering-up". Your attorney will interview you (and possibly others), review the police reports and any other evidence the state may have, and then give you personally tailored and case-specific advice. You will have a better chance for a more favorable outcome.
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You didn't identify the charges that you're facing, and it's probably not a good idea to do so in a public forum like this. Without knowing more about your case, the precise charges, your circumstances, and the proposed plea negotiations, no lawyer can give you meaningful insight here other than to advise you to consult in confidence with a private attorney or apply for a public defender. Charges related to school bombs are serious. Simply being charged with such an offense could make it quite difficult for one to obtain employment or housing in the future. The criminal justice system is an adversarial one. Neither the prosecutor nor the judge is looking out for your long-term interests. To protect your liberties and future, you need to obtain private or appointed counsel.
Generally speaking, as mentioned by the other lawyers, a continuance for dismissal is much better than a stay of adjudication for the same level of offense. An outright dismissal or full acquittal is even better than a continuance for dismissal. You may be able to obtain an outright dismissal or acquittal if the State's case is weak.
This answer is for informational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. For legal advice specific to your circumstances, consult an attorney in your state.
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