What should he do?
I personally thinks that he should take the 5yrs but he's convinced that he is innocent and that he should take it to trial.
2007-03-16 07:28:54 · 7 answers · asked by elviraterry 1 in Politics & Government ➔ Law & Ethics
From a lawyer. It's not a good deal if he is innocent and it's not a good deal if he just wants to "get it over with." Don't make any decisions unless you have a good lawyer. Don't trust court appointed lawyers because they are appointed by judges who want to move people through the system quickly regardless of the evidence or facts. Don't trust the prosecutors because they have quotas and politics to contend with. You cannot make a good decision without a competent lawyer giving you advice. Even if you don't have the money, call several good lawyers and ask them about the case. They don't know you don't have money and may give you the answer hoping they will get the case and get money. Call the State Bar Association in the capital of your state and ask them for several referrals, it's free. Keep calling lawyers until you have a good understanding of what a good deal is. Don't give up, keep calling.
2007-03-16 07:45:43 · answer #1 · answered by Larry62 5 · 0⤊ 0⤋
the state offers plea deals to make it easier on them, they dont have to convence the jury, gather evidence, etc., if your brothers lawyer is competent he should have no worries, but a plea is usally a scare tactic-kind of like saying give up and we'll go easy on you or else we'll punish you harder if you make waves. If he is guilty a plea may help, but if he's innocent and has a good lawyer fight the trial, remember in a criminal case it has to be beyond a reasonable doubt, and he still has the appeal process if he can afford legal counsel the second time around, but if he pleas out they are going to say he did it and admitted to it and close the books- sorry about the spelling I am at work trying to rush
2007-03-16 14:42:38 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If he did what he's accused of, then he's not innocent- no matter how a trial turns out. But, if the prosecutor didn't think he had a case, he wouldn't offer 5 years, he would drop the case entirely. Tell your brother to take the deal, they're pretty sure they've got him.
2007-03-16 14:36:25 · answer #3 · answered by Beardog 7 · 0⤊ 0⤋
That is so difficult to answer. It's dishonest if he takes the smaller time "just in case" he looses. Proving innocence is the hardest thing to prove. Yet, if he is innocent, why should he do any time at all? That's permanently on his record as a conviction. He must get all the facts of the case from his lawyer before deciding. He must also completely believe in himself. Good luck.
2007-03-17 07:05:37 · answer #4 · answered by Jeanne B 7 · 0⤊ 0⤋
He is convinced he is innocent?!!
Let him go to trial. For the next 17 years you can visit him on weekends!
2007-03-16 14:39:39 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Depends on what the offence is for, I would say if he's innocent then he shouldnt have anything to worry about but in today's courts its not if your innocent its if there is evidence you may have done it
2007-03-16 14:52:06 · answer #6 · answered by your_revelation 1 · 0⤊ 0⤋
well you are not "convinced" that you are innocent, you either are or you are not.
But his attorney needs to look at the evidence they have, and if it looks like they have enough to convict ( even if he is not guilty) it is a fair deal.
2007-03-16 14:34:03 · answer #7 · answered by Anonymous · 0⤊ 0⤋