Catch-22 of Simple Misdemeanors

When a subject is cited for a simple misdemeanor, the officer has discretion regarding arrest.  For a public intoxication charge, the officer will usually (if not always) arrest the subject.  For a simple misdemeanor traffic violation, the officer will usually not arrest.  For a Theft 5th degree charge, the officer may go either way.

The problem with an arrest for a Simple is that the defendant will need to make a decision on how to plead within a few hours.  And only on rare occasions will that defendant have the opportunity to discuss their case with a lawyer prior to that decision.

In the past I had always said, “when in doubt, plead not guilty.”  Pleading not guilty will preserve the defendant’s trial rights, and also give them time to negotiate or request various sentencing options.

If a guilty plea is entered, these rights will be waived and the defendant will not get a chance to go to trial if he changes his mind on the plea.

The only problem to consider when pleading not guilty is that the judge has the option to keep a bond on the defendant until trial.  For a Simple, this bond will usually be in the neighborhood of a few hundred dollars, but that might not be a sum that a defendant readily has with him upon arrest.

The aspect of bond complicates the issue, and must be weighed with the consequences of a guilty plea before any decision is made.

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