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Old 04-20-2017, 02:17 PM
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Default Plea agreements in Arizona

Has anyone ever had a LO reject the initial plea agreement? If so, what was the outcome?

Any help is appreciated!
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Old 04-20-2017, 02:22 PM
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Yes it's very common to deny the first plea. In Pinal county and Maricopa county you can request a settlement conference where you sit down with a judge (not your presiding judge) and the prosecutor and try to come to an agreement there.

That's what my husband did and got his plea dropped from 10 to 7.5. Have your LO talk to their attorney and see if that's an option.
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Old 04-20-2017, 02:24 PM
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We did... But... Hubby had something they wanted, so we knew he would be offered another, lower deal for that information.
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Old 04-20-2017, 02:41 PM
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Quote:
Originally Posted by Sinir.Fridyrr View Post
Yes it's very common to deny the first plea. In Pinal county and Maricopa county you can request a settlement conference where you sit down with a judge (not your presiding judge) and the prosecutor and try to come to an agreement there.

That's what my husband did and got his plea dropped from 10 to 7.5. Have your LO talk to their attorney and see if that's an option.

Our attorney has NOT been very helpful so far. Basically we paid thousands of dollars for them to write a letter (deviation request), which was denied. So he rejected the plea of 2.5 and if found guilty at trial the presumptive sentence is 4.5. So, needless to say i'm having a non-stop panic attack!
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Old 04-20-2017, 03:34 PM
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I feel you hun I'm sorry hang in there - yes I paid thousands and only got the deviation request but my guy went w that bc it was better then the initial plea they offered the other lawyer which we got rid of - either way it's a roller coaster ride hang in there!!
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Old 04-20-2017, 03:44 PM
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Originally Posted by MNK View Post
Our attorney has NOT been very helpful so far. Basically we paid thousands of dollars for them to write a letter (deviation request), which was denied. So he rejected the plea of 2.5 and if found guilty at trial the presumptive sentence is 4.5. So, needless to say i'm having a non-stop panic attack!
Have your LO file for new counsel. It sounds like even a court appointed attorney can't be any worse than the one you have now. 2.5 on a presumptive 4.5 isn't terrible, I mean, any time sucks, but you don't want to lose the plea and take your chances if the prosecution has a solid case, as once you deny the plea the don't HAVE to offer it again, it's always a risk.

My husband was charged with 11 counts of a class 4 with priors...that's a presumptive 10 years on each charge and at first the prosecutor wouldn't budge and we declined. She made it clear that if we took it to trial she would seek maximum on all 11 counts stacked...165 years. At the settlement conference we were able to work out a deal with only 7.5 prison time...but we would have taken the 10 if it was declined.
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Old 04-20-2017, 04:40 PM
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Originally Posted by Sinir.Fridyrr View Post
Have your LO file for new counsel. It sounds like even a court appointed attorney can't be any worse than the one you have now. 2.5 on a presumptive 4.5 isn't terrible, I mean, any time sucks, but you don't want to lose the plea and take your chances if the prosecution has a solid case, as once you deny the plea the don't HAVE to offer it again, it's always a risk.

My husband was charged with 11 counts of a class 4 with priors...that's a presumptive 10 years on each charge and at first the prosecutor wouldn't budge and we declined. She made it clear that if we took it to trial she would seek maximum on all 11 counts stacked...165 years. At the settlement conference we were able to work out a deal with only 7.5 prison time...but we would have taken the 10 if it was declined.
It's unbelievable what they consider to be a "fair negotiation". No wonder why the prison system is so overcrowded in this state!
Who did you have for a lawyer? (If you dont mind me asking)
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Old 04-20-2017, 04:42 PM
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It's unbelievable what they consider to be a "fair negotiation". No wonder why the prison system is so overcrowded in this state!
Who did you have for a lawyer? (If you dont mind me asking)
Brian Jones in Pinal County though he very rarely made any attempt​ to be at court.
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Old 04-20-2017, 06:55 PM
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Yeah the guy the court appointed for us did nothing I mean it was like he was trying to help the state he never showed up to talk to my guy didn't take his calls did no investigating asked for none of the evidence and then when the state talked about evidence that didn't exist as justification for why they were trying to go so high w the time and wouldn't come down at the early settlement negotiation even when the judge was asking them to bc he thought it was outrageous our Atty agreed that he had watched this so called evidence that didn't exist in actuality - bc the state had confused cases and our Atty didn't want to look like he didn't look into evidence and didnt believe us that that evidence wasn't there bc it never happened then when it came out that the cases were mixed up he looked like a jerk - he literally did nothing and tried to get my guy to take a plea that ranged from 11.5-31 years instead of the 5 he got and the 5 was high but ran out of money and he just wanted it done w bc the hired Atty was not doing much more but at least he didn't mix up cases and sit and do totally nothing so going w public defenders esp in maricopa can be risky at least in my experience bc we had such a terrible one!!
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Old 04-23-2017, 09:27 AM
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The PD hubby had did good. The original offer was 6, had it gone to trial, they wanted 10+ and hubby got 3. I was happy.
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Old 04-23-2017, 09:34 AM
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Wish we had that PD ours was a joke but he was not a typical pd they had overrun so they sent it out to a private Atty which we thought great better bc I did research on him and he was supposed to be good but I think he resented having to do it and so he did literally nothing! That's when we had to switch to get a private paid attorney after borrowing money just so he'd have a chance - maybe if the pd had been a regular pd it would have been different?? Who knows...
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Old 04-23-2017, 09:40 AM
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Hubby wanted a paid attorney, but I wasn't about to spend money I didn't have. Plus, he needed to learn that I'm not like his parents were. Yes, I love him no matter what... But... I will not put up with illegal behavior. He got himself into the mess by not listening to me... He could deal with the consequences.
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Old 04-23-2017, 09:46 AM
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You go girl that's like me I waited till the last sec I only did when I saw 31 years on the table for something even the judge was trying to get down to single digits and them not budging bc they saw a bad Atty - I went to everything so I could see for myself. But never again I made that clear no matter what never again!!
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Old 04-23-2017, 10:42 AM
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We had a plea early, it was total crap (I don't even remember what it was at this point). We did a settlement conference, but that went nowhere because the prosecutor flat refused to ngotiate. We later had a plea he rejected, were set to go to trail, and then was offered it again and it took it. Losing at trial for us would have been a minimum of 40 years thanks to mandatory sentencing.
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Old 04-24-2017, 09:13 AM
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Quote:
Originally Posted by TheAmazingMrsB View Post
The PD hubby had did good. The original offer was 6, had it gone to trial, they wanted 10+ and hubby got 3. I was happy.
Do you happen to remember the name of the PD he had?
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Old 04-24-2017, 09:23 AM
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Do you happen to remember the name of the PD he had?
I don't remember. I didn't have much contact with him and MrB just called him "that lawyer". Please keep in mind that the reason mine got the deal be did was because they wanted something from him.
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Old 04-24-2017, 09:26 AM
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I don't remember. I didn't have much contact with him and MrB just called him "that lawyer". Please keep in mind that the reason mine got the deal be did was because they wanted something from him.
Yes that always helps ESP if it's in maricopa county it seems
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