Take the plea or gamble with the judge?

[alifedestroyed]

I'm still trying to wrap my head around all of this. Basically DH got this offer:

Stipulate 7 years in DOC
Stipulate X amount of restitution

The prosecutor is not willing to negotiate, but made the comment at our last court date that she is willing to go to 5 years. His attorney said that this judge hates stipulated sentences and we have a good argument to get less. So my question is, if the prosecutor comes back at 5 do we take it? or do we see if we can get less through open sentencing? The minimum for his crime is 4 years, can the judge give less than that? Really with the time credit the difference between 4 and 5 years is actually 4 months.

Thanks!

[fbopnomore]

Listen to his attorney's advice. He/she knows the strength or weakness of the case, and the sentencing practices of the judge. It's almost like gambling because if he goes to trial and is acquitted, he goes free but if he is convicted he could be sentenced to much more prison time. His lawyer can tell him if 4 more months locked up is worth the risk of a trial or not. Either way, it is a decision he will have to make, and live with. Good luck.

[Lisa Jeanne]

Originally Posted by fbopnomore

Listen to his attorney's advice. He/she knows the strength or weakness of the case, and the sentencing practices of the judge. It's almost like gambling because if he goes to trial and is acquitted, he goes free but if he is convicted he could be sentenced to much more prison time. His lawyer can tell him if 4 more months locked up is worth the risk of a trial or not. Either way, it is a decision he will have to make, and live with. Good luck.

I second that.

[blah8705]

this is very similar to the situation i'm in as well. i made a thread about it, though ours is different in that at least the prosecutor started off pretty low with you guys. i agree with everyone else suggesting to go with what the attorney recommends. in my bf's case, apparently, the judge is pretty lenient and the atty strongly recommended we go with the judge instead of the prosecutor. tomorrow is a hearing when i think they make it official that they are going with the judge, so we won't know the real sentence probably for another month. this suspense is killing me, so good luck with yours!!

[yourself]

Um, yes, listen to the attorney, but in the end, it's the Defendant who has to do the time. S/he should be comfortable with the choice, and the possibility that the attorney is wrong, the judge is having a bad day, or whatever.

Some people are good with the vagaries of gambling, and will do the time, long or short, without a problem. Some people can't. Whatever choice the Defendant makes, it has to sit well with him/her. Pushing one way or the other without taking into account what the Defendant wants to do just leads to problems.

IF the Defendant takes the deal because family/friends pushed him into it, then he's going to resent the possibility that he's doing time he didn't have to do.

IF the Defendant takes the gamble because friends/family pushed him into it, and he gets longer, he's going to resent it because he's doing longer.

In the end, the decision has to sit well with the Defendant.

[laneyb]

Originally Posted by yourself

Um, yes, listen to the attorney, but in the end, it's the Defendant who has to do the time. S/he should be comfortable with the choice, and the possibility that the attorney is wrong, the judge is having a bad day, or whatever.

Some people are good with the vagaries of gambling, and will do the time, long or short, without a problem. Some people can't. Whatever choice the Defendant makes, it has to sit well with him/her. Pushing one way or the other without taking into account what the Defendant wants to do just leads to problems.

IF the Defendant takes the deal because family/friends pushed him into it, then he's going to resent the possibility that he's doing time he didn't have to do.

IF the Defendant takes the gamble because friends/family pushed him into it, and he gets longer, he's going to resent it because he's doing longer.

In the end, the decision has to sit well with the Defendant.

Very Well Said! Remember the attorney is advising not guaranteeing while attorneys may have a good feel for the bench and it's rulings and hot buttons they do not know absolutely how the judge will rule until it happens.

[Straight]

Originally Posted by yourself

Um, yes, listen to the attorney, but in the end, it's the Defendant who has to do the time. S/he should be comfortable with the choice, and the possibility that the attorney is wrong, the judge is having a bad day, or whatever.

Some people are good with the vagaries of gambling, and will do the time, long or short, without a problem. Some people can't. Whatever choice the Defendant makes, it has to sit well with him/her. Pushing one way or the other without taking into account what the Defendant wants to do just leads to problems.

IF the Defendant takes the deal because family/friends pushed him into it, then he's going to resent the possibility that he's doing time he didn't have to do.

IF the Defendant takes the gamble because friends/family pushed him into it, and he gets longer, he's going to resent it because he's doing longer.

In the end, the decision has to sit well with the Defendant.

I agree in theory, but in practice, it seems that no one likes the deal they got after they take it, and most everyone wishes they took the deal if they didn't.

I'm the same way. If I buy a car, I know the next guy is going to get it cheaper than I did and I blame the salesman

So in the end, I wouldn't expect to be overly pleased with either choice you make. Just make the best of it either way you go.

[spiffy-heart]

Originally Posted by Straight

I agree in theory, but in practice, it seems that no one likes the deal they got after they take it, and most everyone wishes they took the deal if they didn't.

Good lord! Truer words were never spoken!

[RLF5400]

In the case with a good practicing lawyer,, I’d say go with his advice... But I’d question a court appointed lawyer judgement though.. In my girlfriend’s case. The court appointed lawyer assured her and us that she’d only receive probation if she pleaded guilty to a fifth degree felony charge involving theft. Even on the day of sentencing, he assured us that she’d walk out of the court with us... Well he was so wrong,,, and my girl was handcuffed and hauled away... Let me tell you that was overwhelming or me... And he walked away with money in his pocket.. He just wanted to spend the least amount of time on the case...

In three other cases in the local community she had three cases open... All stemmed around the county case... Again the court appointed lawyers recommended her to plea guilty.. I was upset that she pleaded guilty to the county charges . And was too late to do anything at that time. So I hired a good attorney to take over these cases.. All of which he got dismissed entirely with only fines ad court costs.... A mere pittance compared to receiving six months along with a felony charge for life!

That lawyer plus two others told me,, knowing the case,, there is no way my girl should have been given time... They said the charges should have been downgraded to a misdemeanor.. Then she would have given probation... Case in point,, the co-defendant charges were dropped to a misdemeanor and she walked... They were tried the same day by the same judge and prosecutor... The difference is a court appointed lawyer...

[spiffy-heart]

[quote="RLF5400"]In the case with a good practicing lawyer,, I’d say go with his advice... But I’d question a court appointed lawyer judgement though.. In my girlfriend’s case. The court appointed lawyer assured her and us that she’d only receive probation if she pleaded guilty to a fifth degree felony charge involving theft. Even on the day of sentencing, he assured us that she’d walk out of the court with us... Well he was so wrong,,, and my girl was handcuffed and hauled away... Let me tell you that was overwhelming or me... And he walked away with money in his pocket.. He just wanted to spend the least amount of time on the case...[quote]

There's a newish Supreme Court law that says just this, that the over use of attorneys using plea bargains, keeps our system of justice from working like it should. Like having a fair trial by jury! I'm sorry I can't tell you the exact number of the law, but I felt it was a terrific decision, and hope it helps my sons appeal!

Spiffy heart

[AML'sMom]

It's a gamble, but the attorney should know the judge. My son took 15 years for something he didn't do, because the alternative was Life if the court found him guilty. His attorney let him know if he made the judge take it to court and he lost, he would get the max.

My pen pal took his case to court, lost, and is serving a Life sentence. If he had taken the plea offered he would have been out four years ago....