The Role of Plea Bargaining In Resolving Criminal Cases (In NC, Your Ticket is probably Criminal!)
I recently consulted a client who was disturbed by the idea that we would have her speeding ticket recharged as an Improper Equipment Speedometer. “What does this mean?” she asked. “My speedometer is fine as far as I know, I don’t want to lie, that is whats wrong with our system!” She exclaimed! Most speeding (16 mph over in 55 or up Zone) in NC is criminal level and must be handled in Court, despite what Highway Patrol errantly tells you on the side of the road about just paying the ticket, someone has to appear and deal with the state and/or a Judge.
This where the idea of plea bargaining comes from folks. Everyone knows in the case of an Improper Equipment Speedo, that your Speedo is likely just fine. It’s not lying, it’s plea bargaining. The state has an impossible case load to prosecute, particularly if every case when to trial with a plea of not guilty. So how does the state encourage movement of the calendar of cases while still incurring some responsibility on the defendants in minor cases? They plea bargain. This is a traditional procedure that promotes judicial efficiency, and is encouraged by the State and Judges, because they both know the docket is impossible to manage without it.
So the natural custom is that the cases that are more egregious get less consideration for a bargain, while the first timers, clean records, and less egregious cases get the best deals. This further complicates when you consider that each assistant DA working within a certain set of parameters can be completely different than other assistant DAs in the same office. Further, cases that must be called up in front of a Judge can be denied for plea bargain by the Judge, but another Judge may accept that same deal. The procedure is so encouraged in our Judicial system, that NC has a statute that provides an automatic continuance to a plea bargain denied by any Judge, so that the case can be scheduled for plea bargain to another Judge who may accept.
Traffic ticket cases, whether you are charged in Asheville, NC or Charlotte-Mecklenburg, NC areas, are some of the most plea bargained cases in our Judicial system!!! This is why if you’ve been charged with a NC traffic ticket, you need a Charlotte, NC Speeding Ticket Attorney or an Asheville Traffic Lawyer Today!!!!