QUESTION
L&L battery, no evidence just her word an his statment which he made after being questioned 3 times , he has a learning disability an comprehension
Asked on Dec 06th, 2013 on Criminal Law - Florida
More details to this question:
this started with a letter which went missing, a complaintant that left the state, proven that victim an complaintant are in a relationship which he is over 18 , she is 15,and public defender wants defendant to take a deal.,my question is why does the public defender not want to go to trial ,, defendant has never had a felony charge, never been accused of anything like this before ,theres no physical eveidence, no D.N.A,, , victim an defendant are step siblings, and everything points to her wanting him out of the home , defendant has already spent a year in jail for a crime he didn't commit , why should he have to continue to pay with his life... he has already been striped down to the skin he is in, he has already lost so much, so has his family.. seems like the justice system only works for those that have plenty of money
1 ANSWER
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Plea bargains are often made in the best interest of the defendant upon the advice of a lawyer. If the lawyer is recommending a plea deal, then he must believe it is in the best interest of his client. Perhaps there is a risk that the defendant will spend a long time in jail if convicted at trial, but may be offered a much shorter sentence in a plea deal. I have watched people that I believed were innocent, go to jail by refusing a plea deal and taking their case to trial. If you refuse the plea deal, then it is retracted and no longer on the table and at the end of trial, a judge can sentence in accordance with the limits the law for that particular charge. That sentence can be significantly longer than what may have been offered in a plea deal. Further the plea deal will no longer be available. It appears that you believe that a jury will most certainly find the defendant not guilty. I hope you are right. My guess is that the lawyer has a better perspective on the case.
Answered on Dec 09th, 2013 at 3:40 PM