Will The Prosecuting Attorney Come With A Better Deal?

Question

Here's The Situation. My associate is in a serious situation. He has 2 felonies pending. At the last conference hearing, His attorney and he, were presented with the plea agreement, which was made by the prosecuting attorney. The plea agreement consist of 3 years for the first felony and 2 years for the second felony. The next schedule court date is for a plea agreement conference which is set for DEC, 2006. The agreement hasn't been signed by anybody yet. My associate has NO PRIORS, A COLLEGE STUDENT, And Working. What should my associate and attorney work on to make the deal even better?.. And Will the prosecuting have time to work with the attorney to make the deal less harsh?..Should my associate and attorney try to stretch it out until they come with a better deal?..What are some tactics?..Please give accurate feed back on what's gonna take place.

Answer 1

If the DA has a decent case, this is probably as good as it is going to get. He might be willing to run them concurrantly, but if he was ever going to offer probation, it would probably be on the table now, like maybe 10 years, but probation for 5 to 10.

Answer 2

It's impossible to give a good answer based on the facts presented. Plea bargains are offered based on a number of factors, the first of which is the seriousness of the crime(s) committed - and we don't have that information.

Second: how strong is the case against the defendant.
Third: how hard would it be for the DA to present the case.
Fourth: how backlogged is the court system?
Fifth: what's the DA's policy on plea bargains...
Sixth: the specifics of the defendant

That the defendant is a college student with no priors is a plus, but it's not the defendant that's on top of the list.

Your friend's attorney will likely have better information as to what's going on in that particular jurisdiction than anyone here.

Answer 3

It depends on what your associate did to warrant 2 felony charges. I mean really the DA may be giving your friend a break, because he seems to be a productive individual. What is the maximum sentence for each charge against him? Example, if it is 15 years per felony, I would say he is getting a heck of deal.

His attorney could get letters from people like you, his friends and family members asking for the DA to show more mercy and explain why he should. If your friend belongs to a church or orginaztion designed to help people, then they should get involved in the letter writing campaign.

Really, it is hard to say in these cases without all the facts. I'm sure your friend has a good attorney.

Good Luck and Take Care

Answer 4

I think the prosecuting attorney is making a gift to your associate. Evidently your associate is not mentally retared and not able to tell the difference between right and wrong since he is going to college. Your associate might not have been in jail for any past misconduct, but he does have 2 felonies on him. If I were your associate, I would have my attorney talk to him and see if there is anything else the prosecuting attorney would be willing to do. (have your associate pay restritution, community service for part of the jail time, probation etc.) If not, I would accept the jail time instead of going to court and risk getting much more time.

Answer 5

There is nothing in the world more loathsome than a prosecutor in our "system of justice." A prosecutor gets elected by appealing to the most hateful and ignorant elements of the electorate. In effect, he creates and runs a legalized lynch-mob. He then constantly calls for and endorses the worst possible criminal statutes, which he always claims are "tools" to wreak draconian vengeance upon certain types of scapegoats (almost always people who ignore sex or drug laws), but which actually destroy the public's constitutional rights in a general way, turn the nation into a prison-state, squander tax monies, and actually cause more crime and injustice. Anyone who doubts this should consider that it is now standard practice for prosecutors, when confronted with indisputable scientific evidence that they have sent an innocent person to prison, to refuse to admit their guilt and stupidity and to continue abusing their power by fighting the just claims of their victims and actually keeping them in prison! The way that prosecutors gain and use power is, I think, possibly the most inherently corrupt legal mechanism in our society today. Needless to say, nobody should ever vote for any politician who has ever been a prosecutor. But more importantly, the system has to be changed so that prosecutors are not so highly motivated to cause trouble. And I don't know how to do that, though I think strengthening the Public Defender's office would certainly be a good idea.

Answer 6

It's about negotiation. It comes down to the strength of each side's hand and what they have to offer.

The DA's time is valuable to him. "Stretching it out" will only snark off the DA. A stance that says he's not wasting his time negotiating will help.

If the DA can't move on the numbers, maybe he can throw in some perks such as "country club" prison, holiday furloughs, or other little things that don't change the numbers, but have value to your associate.


Read "Getting Past No" or "Getting to Yes" to learn negotiating strategy.

What's the likely sentence if he loses? Is the plea worth the risk of trial.

Answer 7

I don't think anyone can answer this without knowing the degree of the felonies. What crimes is your associate being charged with? Were they of a violent nature? Too many details left out.

Answer 8

What is your friend charged with?