QUESTION
I didn't take my plea bargain what is next for me?
Asked on Nov 29th, 2012 on Criminal Law - New York
More details to this question:
I was charged with count 2 aggravated assault and aggravated criminal damage to property. I didn't actually commit the assault; nor did anyone get hurt. I've never been in trouble before and the DA offered me 2 years in prison. My attorney didn't take that and he wants to go to trial. But I'm not sure if that’s a good idea or not? Is there any chance we will get a better deal the day of trial?
7 ANSWERS
Steven D. Dunnings
Trial.
Answered on Apr 11th, 2013 at 3:16 PM
John J. Carney
I do not know if you are guilty or not and what evidence there is to convict you. I assume you are guilty and that is why you are not sure if you want to go to trial. You should tell your lawyer the truth so that he can properly defend you and advise you of your best options. I assume the victim was badly injured if they are offering you 2 years, especially on a first offense. I do not believe you are telling me or your lawyer the whole truth as it does not make sense. If you are innocent you should go to trial. If the victim was not injured the prosecutor would not want 2 years for a first offense.
Answered on Dec 03rd, 2012 at 4:58 AM
Michael J. Breczinski
There might be a better deal on the day of trial but if you are innocent your should go to trial.
Answered on Dec 03rd, 2012 at 4:57 AM
General Practice Attorney serving Sterling Heights, MI
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Law Office of Derik R. Girdwood
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Sometimes the prosecutor will offer one last plea bargain before trial. Your attorney should explain to you whether the prosecution has facts to win their case. If they have you on video, your DNA, witnesses, the victims identifying you, then take a plea bargain.
Answered on Dec 02nd, 2012 at 10:25 PM
Dennis P. Mikko
The prosecutor may change the deal prior to trial, however, you should be prepared for trial. Some courts will not allow a plea bargain to be taken after the pre-trial.
Answered on Dec 02nd, 2012 at 10:11 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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This is a question you should be asking your present attorney.
Answered on Nov 30th, 2012 at 9:55 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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First off, this is your case not your lawyers. If you want to take the deal call him and tell him that. If you don't want to take the deal then you must go to trial. Your clean background is meaningless the district attorney took this into consideration when making the offer. But either taking the deal or taking your chances is up to you and you alone.
Answered on Nov 30th, 2012 at 4:36 PM