FAQs: Frequently Asked Questions

Whether you choose to speak to the Prosecutor is entirely your decision. Please keep in mind that the Prosecutor is not your attorney; that what you say to the Prosecutor cannot be used against you during Trial if you later decide to plead Not Guilty. While the Prosecutor has the authority to offer a plea deal, the Prosecutor is under no legal obligation to much an offer.

• The Prosecutor has the authority to decide which cases should be prosecuted and which cases should be dismissed.
• The Prosecutor has the authority to allow you to plead guilty to less serious charges and make recommendations to the Judge about fines and/or points assessed against your Driver license, or possible Community Service in lieu of, or in addition to, fines and fees.
• In some cases, the Prosecutor may recommend that a case be handled with a Deferred Judgment and Sentence. This is a unique agreement in which a defendant pleads guilty but is not sentenced immediately by the Court; instead the case is continued for sentencing to a later date, which may be three, six or twelve months in the future. If the defendant keeps promises contained within the Deferred Judgment and Sentence Agreement during this period of time, then, on the sentencing date, the plea of Guilty is withdrawn and the case dismissed.  If the defendant fails to keep these promises, he will be immediately brought back to Court and sentenced by the Judge.  The promises made to the Court on a Deferred Judgment and Sentence may vary depending on the type of case.
• If you wish to speak with an attorney after discussing your case with the Prosecutor, the court will grant you a continuance to do so. Plea bargain offers made by the Prosecutor will not be withdrawn because you wish to consult an attorney and will remain open through your next court appearance.