Speeding ticket dismissed without prejudice -- chance of reopen?

[jshen]

Many years ago when I was an officer, I hated DAs allowing or encouraging pleas to lesser charges- particularly DUI. When I became a prosecutor I kept that in mind as does every prosecutor I know that has served as a LEO. However, the complaints of lesser pleas are common and we encouraged every prosecutor to go over the plea with the officer to: explain why the plea is the right thing and hopefully get an agreement from the officer. For example, there may be an issue with the case as made and may be fatal during a trial..Do you "go with it" or try to work something out so you don't lose the entire case. For those DAs who just plea out to "get out"- I have no respect for them whatsoever.

I don't know about your jurisdiction but our misdemeanor court DAs may have 600 pending cases at any given time...Jury trials may take a day or so. Superior Courts (felony cases)- my caseload was about less however, jury trials here take a week.. The bottom line is there is a time factor issue.

Now as a Def. Atty, I get to pick my cases and work them to the hilt- something DAs don't have time to do..I will point out deficiencies in the cases to the DAs in order to work things out...If they go for it fine- if not- fine.

Oh - DevilDog- poss w/intent to distribute mar. less than 10 pounds here is a probation case- I hate it but there is no room at the jail for them

 

[RDJ]

as a non-leo / non DA my only issue with plea bargins are when it comes to DUI ... maybe the first one if the mope isn't way over the limit but other than that I think plea deals for those idiots should be not allowed and never considered.

Many years ago when I was an officer, I hated DAs allowing or encouraging pleas to lesser charges- particularly DUI. When I became a prosecutor I kept that in mind as does every prosecutor I know that has served as a LEO. However, the complaints of lesser pleas are common and we encouraged every prosecutor to go over the plea with the officer to: explain why the plea is the right thing and hopefully get an agreement from the officer. For example, there may be an issue with the case as made and may be fatal during a trial..Do you "go with it" or try to work something out so you don't lose the entire case. For those DAs who just plea out to "get out"- I have no respect for them whatsoever.

I don't know about your jurisdiction but our misdemeanor court DAs may have 600 pending cases at any given time...Jury trials may take a day or so. Superior Courts (felony cases)- my caseload was about less however, jury trials here take a week.. The bottom line is there is a time factor issue.

Now as a Def. Atty, I get to pick my cases and work them to the hilt- something DAs don't have time to do..I will point out deficiencies in the cases to the DAs in order to work things out...If they go for it fine- if not- fine.

Oh - DevilDog- poss w/intent to distribute mar. less than 10 pounds here is a probation case- I hate it but there is no room at the jail for them