What if the person doesn't want the offer that the DA hands down?

Question

What if the person doesn't want the offer that the DA hands down?..Here's the situation..The offender has to go to his last scheduled conference for a plea deal. He's going to plea guilty. The DA has givin him a deal (punishment agreement)..My question is, can the offender reject that deal and ask for a continueous hoping for a better deal to be offer? or should the offender take the first deal regardless?...What's the best solution to where he doesn't have to take a deal if he doesn't like it...He's not planning on taking it to trail..please give accurated feedback...thank you

Answer 1

Here it is ...as accurate as it gets. This is an extremely important matter and should not be handled without competent representation. It is an adversarial system, after all, and the D.A. has no duty to protect the interests of "the person".

Answer 2

A plea bargain is the result of negotiations. Sometimes you can do better by holding out. Sometimes the DA's office may have a policy that they make one and only one plea offer. Should you take the plea or not is the question that you should discuss with your attorney. There are several consequences that you should consider. In addition to the plea to a particular crime, what will the sentence be? Are you being told this up front or are you merely getting a recommendation from the DA to the Judge? The problem is that in most states, the judge must "exercise independent discretion" in sentencing and as such is usually not bound by any plead deal. On the other hand, you may have the right to withdraw a plea if the sentence is more severe than was discussed/promised. What are your alternatives? Well, you might have the opportunity to discuss or conference the case further on other court dates (or between Court dates). This is when your lawyer can talk to the DA's office, either in Court or outside of Court, to try and work a better deal. At these times, letters from teachers, clergy, business leaders in the community can help "soften" a DA looking for a big sentence.

The problem that you are left with is when are you getting the best deal and what are your options then. Hopefully your attorney has a half a brain and can sense when he's getting the best plea offer that will come out of the case. (Sometimes the offer can be improved if your lawyer can win some preliminary evidentiary hearings or do something else that might weaken the prosecution's case.) Remember, you always have the alternative to go to trial and take your chances. The problem is that if you are convicted, you are usually looking at a stiffer sentence than was offered in the plea bargain.

The best plea deals are offered to the defendants who have the best chance at winning at trial. It is your attorney who is familiar with the rules of evidence and the discovery in the case who can advise you what your chances are. (Of course, if you know they caught you red handed, then a plea is almost always the best, if not the only reasonably, way to go.)

Please remember that a felony conviction will follow you around for the rest of your life. You will be precluded from holding certain jobs, serving in the military, voting, etc. If you are charged with a felony, but are offered a misdemeanor, these are considerations to take into account.

Answer 3

This person should ask themselves why they don't want to take the deal. Does he think he might get a better deal? Generally the deals do not get better, but become more limited in their scope. The offender's attorney has some power to negotiate with the DA prior to the deal being offered.

Bottom line... If the offender does not want to take the deal he doesn't have to. He can wait and see what happens during the next phase of the case; whether that be a trial, or the judge's Order.

Answer 4

The whole idea of a deal is that the matter is dealt with in a satisfactory manner. If the deal involves a penalty, that is the penalty that is imposed by the Judge. If you do not accept the 'deal' you take your chances with the Judge who may give you a far more severe penalty. That is the gamble you are taking, it makes little or no difference to the DA. Offer him that you will grass up every drug pusher or other criminal in your area, and you might get a better deal.

Answer 5

if the offender does not take the deal, the DA is under no obligation to offer another.

and if the deal is rejected by the offender ( defendant) , that deal is probably off the table - the DA gets to decide if it goes to court, if he wants to make a different deal, etc.

i have no idea if the defendant can get a continuance - i believe that depends on various circumstances.

The defendant's lawyer should be negotiating with the DA over these points.

Don't tick the DA off.

Answer 6

They should talk to their lawyer and see what they say. If you dont take the deal....more than likely you will wind up going to trial.