powerule
11-06-2003, 12:47 PM
just got from the piliminaly hearing and my lawyer said that the driver/owner of the car (seems to him) might be getting a deal to turn state against me!!! The passenger!!! if this is so, does that mean that i cant plea bargain??? i was willing to plea because i want this nightmare to be over with. the sentencing guidlines is 3-5 if by judge. by jury a different story..is there any way to avoid a jury trail? maybe by pleading guilty? get my 3-5 and move on?
my lawyer said its foolish to do so now, we will motion for supression and go from there...
i need to know,
1- if he turns stae against me, is that the nail in the coffin?
or can i still plea down?
2- anyway to avoid a jury trail if the prosecuter motions for it?
Niightdrmr
11-06-2003, 01:44 PM
POWER RULE...
The nail is NEVER in the coffin, meaning dont give up so easily... you can still plea I think even if state's evidence is turned on you.... I am not sure but maybe someone else in here can help you more.... But DONT give up NOW keep POSITIVE thoughts!!!!
Kelly
haswtch
11-06-2003, 02:56 PM
I would think you could probably still get a plea of some sort, but I'm no expert either. But they just about ALWAYS prefer to avoid jury trials also.
Cameo
11-06-2003, 06:12 PM
Hi Powerule!
How do your feel about your attorney? I know in talking to Patti, she felt you had one of the GOOD ones. Hopefully you feel comfortable, (under these difficult circumstances) with your attorney and if so, I'd try to trust him and go with what he says. He know's the case and the evidence and he should be offering you the best advice!
I'm not sure about the passenger and what the state is trying to do. Maybe you can do some research on your own, by going to nola law or lexis law and do some research on similiar cases in Virginia?!...
bigblueyes
11-07-2003, 05:08 PM
I think just about every judge expects both sides will compromise and try to settle on a plea. Then the stronger the Prosecutions case the less likely for a good deal.
jojo71
11-07-2003, 05:44 PM
HEY---DON'T HAVE ANY ANSWERS FOR YA BUT WANTED TO STOP BY AND OFFER YOU MY SUPPORT AND STRENGTH AS I KNOW THIS HAS BEEN A STRESSFUL WEEK FOR YOU!!! :)
powerule
11-07-2003, 07:26 PM
thank you guys...i feel all of you are like my family.
emotionally i feel alone. even though i have a strong woman and daughter. but we dont dwell or sob. just trying to
live these days happily.
thank you
swtmel
11-12-2003, 06:15 PM
it is very rare to actually have a jury trial. You can avoid having one by pleading or plea bargaining. I myself, would go for plea bargaining....because you just might get less. Remember the key to plea bargaining is that everyone involved gets something out of it. if you have any more questions, this is my line of work (in college for it right now) so I can help you out :)
katmat1995
11-12-2003, 07:56 PM
:cuffs: This is not my line of work. But from experience. I know you can still enter a plea. That is what they want you to do.
They do not want to strike up a Grand Jury because when they do that, it cost the State thousands of dollars.
So, instead they try to do plea bargaining. Just remember. You do not have to take the first thing they offer. Say if your lawyer comes to you and says they want you to do 10 years on paper.
And you are not happy with that. You don't have to take it. Your Lawyer will go back and tell them your decision. Then they will offer you something else. Usually they will try to get you to enter a plea 2 or 3 times before they strike up a jury. I have even seen the jury sitting in the courtroom. And they will still make 1 last offer before beginning a trial.
Good Luck and my Prayers are with U.
ex-inmate
Kathy:cuffs: