QUESTION
Could you offer any advice as to the legality of withholding charges when a defendant is given a global offer?
Asked on Dec 13th, 2012 on Criminal Law - Georgia
More details to this question:
My nephew agreed to a Global plea offer of five years DOC time. In less than 24 hours after his acceptance of the offer, he was charged with 15 more felonies. The warrant affidavits had been prepared during the time of the global offer. I was assured by the Sheriff’s office at the time of his sentencing that there were absolutely no more charges yet he was charged with 15 more. This just doesn't seem like it should be done this way. Seems as though the global offer should have included.
6 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your nephew's situation. He/she would then be in a better position to analyze his case and advise you of his options.
Answered on Dec 19th, 2012 at 1:03 AM
Michael J. Breczinski
If this is with the same prosecutor, then I would be screaming if I were his lawyer. If the new charges are out of a different jurisdiction then that is a another matter entirely.
Answered on Dec 19th, 2012 at 12:54 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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She needs a criminal defense attorney, and should seek to have the additional charges included in the "global" settlement.
Answered on Dec 17th, 2012 at 12:13 PM
Gary Moore
Global means global. All chargers should be covered.
Answered on Dec 17th, 2012 at 12:12 PM
Criminal Defense Attorney serving Englewood Cliffs, NJ
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Savyon Grant, Esq. & Associates
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Something doesn't make sense before he is sentence his lawyer needs to make sure it is all inclusive.
Answered on Dec 17th, 2012 at 12:11 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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It should have included the additional charges, that is what a global offer is, generally.
Answered on Dec 17th, 2012 at 12:08 PM