Denied Stay of Adjudication offer and set a Trial date. But can i cancel the trial and take the stay of adjudication now ?

DETAILS

I have denied the stay of adjudication offer that prosecutors gave me during a pre-trial motion. And set up a trial date pleading NOT-GUILTY. But now i realized that one can never predict what comes out in a jury trial even though there is no evidence in my case.

So i am planning to cancel the trial and just take the stay of adjudication offer. In that way atleast i will keep the conviction off my record for sure. So can i cancel the trial date and take that stay of adjudication offer now ? or is it upto the prosecutor to decide ?

ANSWER

If you are represented, you should contact your lawyer immediately to let him/her know of your intent. It is never a good idea to just show up and see what happens – especially when a trial date is set and pending.

It is always the prosecutor’s decision as to what offer to make, when to make the offer, and whether to keep it open or make it a one-day-take it or leave it kind of deal. An attorney can assist you by discussing the offer and negotiating with the prosecutor.

If you don’t have an attorney, you should seek counsel immediately to advise you of your options and represent you at trial – if necessary.

If you can’t afford an attorney, you may qualify for the public defender.