QUESTION

Prosecutor asks def''s attorn for a number of time def is willing to do-in private. will Prosecutors honor the time or use it against him as guilt?

Asked on Jul 07th, 2012 on Automobile Accidents - New York
More details to this question:
The case may go to trial but its at its very beginning. I was concerned that if the defendant and attorney agree to give the prosecutors a willing sentenced time, the prosecutors will use it as if defendant is admitting guilt, and in rebuttal give a way high sentence. Is this a scheme of the prosecutor? Both prosecutor and def''s attorney were cool with each other and talking.
Report Abuse

1 ANSWER

Personal Injury Attorney serving Newport Beach, CA at Bisnar Chase Personal Injury Attorneys, LLP
Update Your Profile
John Bisnar Your worry is totally understandable.  However, what you have described is normal. Negotiating between prosecutors and defense attorneys is normal.  It happens in nearly every case.  Negotiation discussions are not admissible in a trial.  Prosecutors believe everyone is guilty or they would be duty bound to drop the charges.  So a jury will not know of the settlement/sentencing plea bargaining going on between the attorneys.  Another point is that a defense attorneys statements are not the statements of the accused, therefore “hearsay”.  “Hearsay” of this type is never allowed into evidence. Remember that a jury will decide guilt or innocence, not the judge.  The judge will do the sentencing according to the sentencing guidelines. The best criminal defense attorneys are usually going to have a very good working relationship with the prosecutors.  This helps facilitate the smooth functioning of the process and if the defense attorney has a good reputation with the prosecutor, it will help a lot in a plea bargain.  If the prosecutor knows the defense attorney and knows he is highly skilled, the prosecutor will usually agree to a much for favorable plea bargain for the defendant. John Bisnar Bisnar|Chase,California Personal Injury Attorneys Trusted Professionals.  Proven Results. www.BestAttorney.com 800-956-0123
Answered on Jul 08th, 2012 at 2:55 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters