Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > RESOURCE CENTER > Prison & Criminal Legal Help!
Register Entertainment FAQ Calendar Mark Forums Read

Prison & Criminal Legal Help! Ask questions, get opinions, and find resources on dealing with criminal justice legal issues, appeals, and more..

Reply
 
Thread Tools Display Modes
  #1  
Old 08-06-2020, 08:33 PM
blueocean777 blueocean777 is offline
Registered User
 

Join Date: Apr 2020
Location: CA, US
Posts: 26
Thanks: 0
Thanked 5 Times in 4 Posts
Default He's adamant about wanting to get a trial.. do they end up taking the deal?

My ex that I have been emotionally and spiritually supporting these almost 10 months, is being charged with 5 serious felonies, one of which is a murder charge. Hes been in jail for 10 months ..

He is adamant about pleading not guilty.

He was offered a deal which he was not happy with (I couldnt get him to tell me because he didnt feel good that day)

But looking at the circumstantial evidence, the DA will have a lot on him (there are digital trails supposidly and a lot of them and two witnesses that spoke to get immunity)

Is it common in the beginning of this that they want to go for not guilty and do a jury trial ? will their lawyer eventually sway them to take the deal if they see there is a mound of evidence?

Im worried he isnt really weighing out the fact that the jury trial isnt a ticket out of there.. but at the same time, he is fighting for his freedom so i get it
Reply With Quote
Sponsored Links
  #2  
Old 08-07-2020, 05:38 AM
sidewalker sidewalker is offline
CA, LASO, site sug. SUPER MOD
Donation Award 
 

Join Date: Mar 2007
Location: ca usa
Posts: 34,295
Thanks: 60,616
Thanked 33,117 Times in 16,546 Posts
Default

It seems its almost always best to delay, delay delay. (not for the person sitting in jail but......)
Those two co defendants who spoke out, will get a much lower time if any at all. Assuming they were given immunity.


Also from your other post, dont trust the newspapers to give you any kind of accurate account. They are simply not that (accurate)
__________________
I thought about why that frisbee was getting bigger and bigger.........
then it hit me.

Reply With Quote
  #3  
Old 08-07-2020, 08:16 AM
GaReform GaReform is offline
Moderator
 

Join Date: Jul 2015
Location: USA
Posts: 1,336
Thanks: 964
Thanked 2,500 Times in 978 Posts
Default

I know my son wanted to fight his charge but when he was offered the deal he had 2 attorneys beg him to take it. We really wanted him to take it too because the charge was an internet one & courts aren't really informed on technology. They offered him 6 months to serve & the rest of the 10 years on probation. He did take the deal but the blow to his life is almost as bad as being sentenced to the whole 10 years.
In the case of your ex it does seem that the case against him may be difficult to convince a group of people on a jury that what the prosecution shows them isn't what happened. I'm not a gambler & depending on other people on a jury to decide my fate is scary.
Good luck & hang in there.
Reply With Quote
  #4  
Old 08-07-2020, 12:51 PM
fbopnomore fbopnomore is offline
Site Moderator
Donation Award 
 

Join Date: Dec 2009
Location: Seattle, WA
Posts: 30,797
Thanks: 50,211
Thanked 24,133 Times in 13,835 Posts
Default

Another possibility is that the prosecutor could withdraw the offer at any time, for any, or no reason. Then his choices would be limited to going to trial, or pleading guilty to the entire indictment. The "trial penalty" imposed by many judges at sentencing is real.

Even so, he is the one who will have to do the time, whatever it turns out to be, so he should be the one to decide his fate.
__________________
Reply With Quote
The Following 3 Users Say Thank You to fbopnomore For This Useful Post:
enigmaingr (08-10-2020), His_Queen13 (08-09-2020), sidewalker (08-08-2020)
  #5  
Old 08-10-2020, 10:45 AM
enigmaingr enigmaingr is offline
Attorney
 

Join Date: Jun 2011
Location: Michigan, USA
Posts: 90
Thanks: 11
Thanked 100 Times in 53 Posts
Default

Your ex's thought process is common for someone facing significant time. In a nutshell, he may be either delusional about his actual situation, listening to the jailhouse lawyers, or more likely, a combination of the two.


There are folks who would advise people to hold out for trial and see what they offer you at the least minute "because prosecutors don't want to go to trial" or if you go to trial and lose, you can "walk it back" on appeal. Both suggestions are fraught with dangerous inaccuracies and misinterpretations of the law.



As another poster mentioned, no one is entitled to a plea deal. Until you accept the deal, the prosecutor can take it away. I have been in front of some judges who will say that once a case is set for trial, they don't accept any more offers and you go to trial on everything.



And anyone who thinks or suggests that appeals courts routinely reduce or vacate sentences is either outright lying or has no idea of the reality. Very few cases succeed on appeal.



In your ex's case, if the prosecutor has witnesses willing to put the crime on him, and they have evidence to support that, your ex may find that this current offer is his best and last shot at reducing his time. I know he's probably thinking he can just discredit the witnesses in front of the jury because they took deals to talk; a good prosecutor is likely going to lead with that, and a jury is going to understand that to some extent that's how the game is played. I mean, how many people are in prison because someone else got caught? A lot. And I would also say there are a lot of people sitting in prison who now wish they would have taken a deal; particularly once that date passes when you would have been out but now you're sitting for another 1, 3, 10 years or more.



Your ex can try to hold out and see if the deal gets better. But if the prosecutor has everything they need for a conviction, they have all the time in the world to wait him out.
Reply With Quote
The Following User Says Thank You to enigmaingr For This Useful Post:
sidewalker (08-13-2020)
  #6  
Old 08-10-2020, 11:13 AM
enigmaingr enigmaingr is offline
Attorney
 

Join Date: Jun 2011
Location: Michigan, USA
Posts: 90
Thanks: 11
Thanked 100 Times in 53 Posts
Default

Quote:
Originally Posted by GaReform View Post
...He did take the deal but the blow to his life is almost as bad as being sentenced to the whole 10 years....


....I'm not a gambler & depending on other people on a jury to decide my fate is scary.
Good luck & hang in there.
Two great points! I would offer that a reduction to time served incarcerated is always beneficial even if it at first doesn't appear to be. The problem was our society's tendency toward mass incarceration is that both the drug addict and the murderer suffer the worse part of incarceration: being ripped away from your home, family, community, and employment. Those initial effects are the same whether you are locked up for 30 days or 30 years.


But it's hard to get on with life from inside the walls. And so if you could have served 10 years but got out after 2 because of a deal, that's 8 years you have a jump on getting back to society.


Most deals resolve time incarcerated or civil penalties that may attach to particular charges.



Taking a case to trial is a serious gamble. But not because it's inherently arbitrary like some people believe. Juries are required to render verdicts based on facts and law. A jury cannot convict you if the facts don't add up simply because they may not like you; likewise, a jury cannot find you not guilty despite the facts because you are a likeable person.



I equate jury trials to a card game. You must assume the prosecutor has at least a pair of aces. You, or your lawyer, may be a great card player, and the prosecutor may throw a few hands, but ultimately those aces will come out. The feds have about a 98% conviction rate; most state prosecutors hover between 94-98%.
Reply With Quote
The Following User Says Thank You to enigmaingr For This Useful Post:
fbopnomore (08-10-2020)
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Taking a break /UPDATE wanting to end relationship jadejonez When the Relationship is Over... 41 01-03-2013 04:08 PM
How do you deal with the guilt of wanting to go out? Burythecastle10 Husbands & Boyfriends in Prison 16 08-13-2010 05:28 PM
Don't accept deal and go to trial ...is the 1st deal still on the table? InfoPlz California Legal Help 2 02-11-2009 12:16 AM
how do you deal with wanting to scream lostwithout PTO Lounge 13 07-18-2005 11:01 PM
New to this wanting to learn about Fed. sys and how to deal JK'sGirl Federal General Prison Talk, Introductions & Chit Chat 3 12-16-2004 02:48 PM


All times are GMT -6. The time now is 02:00 AM.
Copyright © 2001- 2019 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics