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  #1  
Old 10-18-2017, 09:17 PM
Kristina0314 Kristina0314 is offline
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Default What happens when he doesn't take a deal

Last night I was talking to a friend that has been to prison. He shot a guy in a drunken rage, damn near killed him. He didn't take any deals until eventually (a year later) they offered him 20 months and lessened his charge from attempted murder to aggravated assault.
CRAZY to me.
But he told me to tell my boyfriend not to take any deals and keep his mouth shut.
I ran it by him and he told me he already planned to not take any deals more than 3 years.

What happens when they turn down a deal? How many more times is the prosecuter going to come at him with more deals? Or is it not common to get offered more than one?
I'm afraid if he turns down the first one then he will go to trial and get the book thrown at him.
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Old 10-18-2017, 09:20 PM
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There's no knowing, without scrutinizing all the evidence, what sort of plea deals might be offered, nor how many of them there might be.

You are right about the book being thrown at him if he goes to trial and is found guilty.
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Old 10-18-2017, 09:24 PM
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All situations are different. My wanted to hold out, but then they said this is the last deal. Others on the inside told him they will do one more, but it wasn't worth the risk of going to trial. I called my own lawyer and asked about the deal on the table and he said take it.

Ultimately, he wanted less, but it could have been so much more. It is a gamble.
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Old 10-18-2017, 09:25 PM
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I would never take a deal either unless it was better then I knew I would get at trial. If they are offering a good one right away it's likely they know they can't win and a plea bargain is a win for the state.
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Old 10-18-2017, 09:40 PM
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Quote:
Originally Posted by Kristina0314 View Post
Last night I was talking to a friend that has been to prison. He shot a guy in a drunken rage, damn near killed him. He didn't take any deals until eventually (a year later) they offered him 20 months and lessened his charge from attempted murder to aggravated assault.
CRAZY to me.
But he told me to tell my boyfriend not to take any deals and keep his mouth shut.
I ran it by him and he told me he already planned to not take any deals more than 3 years.

What happens when they turn down a deal? How many more times is the prosecuter going to come at him with more deals? Or is it not common to get offered more than one?
I'm afraid if he turns down the first one then he will go to trial and get the book thrown at him.
From personal experience with my husband he was offered 3 and took the last one. They told him on the last one that that was their last offer and would proceed to trial. But like others stated every case and state and town is different.
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Old 10-18-2017, 10:28 PM
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Mine was offered one on a Friday, it was pulled on Monday and that was that. He went to trial. 7 year plea vs 37 years he was sentenced to.

But as you can see, there's no standard to gauge how much wiggle room you have.
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Old 10-18-2017, 10:29 PM
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I'll just say from what all you said he was in a drunken rage and almost killed him. I'd take the 20 months and be happy about it. I would not take that to trial with all these crazy ass sentences being handed out these days heck no!!! That is simply what I would do I am not saying that's what's best for him.
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Old 10-19-2017, 05:22 AM
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My initial response: 20 months is less than his 3 year cutoff for accepting a plea offer. The choice is his to make, but my experience is that when the prosecutor says they can get a massive sentence for taking the case to trial, it is usually more of a promise than it is a threat.

I misread the information about being offered a 20 month sentence, it was a different case, but the person who accepted the plea deal is advising the poster's boyfriend to reject any plea deals he is offered. Do as I say, not as I do.

It's no secret why so many Americans plead guilty to criminal cases, including when they are innocent. That's because the prosecutors, aided by the judges, impose a "much harsher sentence. the trial penalty" for anyone who takes their case to trial and loses.

Many of them even deny that such a penalty exists, but that is "alternative News, aka a lie". Example, same crime (exactly), same judge, with the only significant difference being one defendant plead guilty (me) while the other one took it to trial because he knew he was innocent. My sentence, 5 years in prison followed by 3 years of "supervised release slavery", his sentence 20 years in prison followed by "lifetime (forever) supervised release slavery. Quite a difference for interrupting the judge's tee time.
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Old 10-19-2017, 02:08 PM
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Quote:
Originally Posted by fbopnomore View Post
my initial response: 20 months is less than his 3 year cutoff for accepting a plea offer. The choice is his to make, but my experience is that when the prosecutor says they can get a massive sentence for taking the case to trial, it is usually more of a promise than it is a threat.

I misread the information about being offered a 20 month sentence, it was a different case, but the person who accepted the plea deal is advising the poster's boyfriend to reject any plea deals he is offered. Do as i say, not as i do.

It's no secret why so many americans plead guilty to criminal cases, including when they are innocent. That's because the prosecutors, aided by the judges, impose a "much harsher sentence. The trial penalty" for anyone who takes their case to trial and loses.

Many of them even deny that such a penalty exists, but that is "alternative news, aka a lie". Example, same crime (exactly), same judge, with the only significant difference being one defendant plead guilty (me) while the other one took it to trial because he knew he was innocent. My sentence, 5 years in prison followed by 3 years of "supervised release slavery", his sentence 20 years in prison followed by "lifetime (forever) supervised release slavery. Quite a difference for interrupting the judge's tee time.
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Old 10-19-2017, 01:53 PM
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Quote:
Originally Posted by Kristina0314 View Post
Last night I was talking to a friend that has been to prison. He shot a guy in a drunken rage, damn near killed him. He didn't take any deals until eventually (a year later) they offered him 20 months and lessened his charge from attempted murder to aggravated assault.
CRAZY to me.
But he told me to tell my boyfriend not to take any deals and keep his mouth shut.
I ran it by him and he told me he already planned to not take any deals more than 3 years.

What happens when they turn down a deal? How many more times is the prosecuter going to come at him with more deals? Or is it not common to get offered more than one?
I'm afraid if he turns down the first one then he will go to trial and get the book thrown at him.
my advice is, tell your loved one(s) that if they want a good deal they have to put their self in a better position at the bargaining table by doing research on their own case. don't just leave it up to the attorney help him out weather he likes it or not. Its your loved ones' butt that is on the line. I can guarantee that a mistake was made some where down the line after the arrest or even before. Most Lawyers know what they are doing but it does not hurt to have a look see into you're own well being.

Last edited by berg ice; 10-19-2017 at 01:59 PM..
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  #11  
Old 10-19-2017, 03:26 PM
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It's a hard spot to be in, especially for the gambling-adverse (like me!)

My LOs first offer was 20 years. The second was 10 years. Everyone was convinced they'd come back with another offer, but the ADA wanted to go to trial so none came.

He ended up making the choice to go "open plea" and was offered a 9 month drug treatment program + 10 years of probation OR 5 years in prison. He took the 5 and came home 21 months later.

He got lucky. He really really did. I couldn't sleep at night thinking of the 25-99 he could've ended up with if they forced it to go to trial after he turned the 10 years down. That was one of the most stressful times of my life.

So I understand what you're going through. I wish there were clear cut answers to the questions you have, but there aren't. The best he can do is listen to the advice of his lawyer and be present and knowledgeable in helping his own defense.

Good luck to y'all!
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Old 10-19-2017, 04:33 PM
Kristina0314 Kristina0314 is offline
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So, update:

They offered a deal today. 3 fixed 4 indeterminate. His public defender told him not to take it.
3 years seems PRETTY DAMN GOOD to me right now.

But...he doesn't want to take it.
Does his PD advising against it mean that he's confident he could get a better deal?
Do they always get better? Do they always announce "this is the last offer" before going to trial?
PD is trying hard for drug treatment and/or a rider.

Please pray for him. I don't know what the right answer is. He has 3 weeks to decide. Part of me wants him to just take it, but the other part wants to trust his defender and hope for something better.
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Old 10-19-2017, 05:51 PM
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As others have already stated, 'there's just no telling. Each case is different. Each prosecutor is different'. Pray with him for God's guidance. I hope it all turns out for the best for him.
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Old 10-19-2017, 06:36 PM
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He should use the 3 weeks he has been given to make up his mind to fully research plea bargains in his state. He will have difficulty reaching an informed decision on how to proceed if he doesn't fully understand the process. If it was me, I would speak to a couple of other defense lawyers, or read blogs about the good, and bad results associated with plea bargains.

Prison Talk also has many threads about the consequences other members have experienced from plea bargains, both good and bad. I decided early that spending even one extra hour in prison was unacceptable, so in my case I would not have survived knowing that my 3 year sentence ended up being 20 years because I made the wrong choice.

He should do what is best for him, because he will be the individual who will serve the punishment.
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Old 10-19-2017, 08:20 PM
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Some jurisdictions will make ONE take-it-or-leave-it offer while others will still be channeling Monty Hall even as a jury is being sworn in.

On those cases where multiple offers come, they occasionally get better but they can ALSO get worse. This is where having an attorney familiar with the jurisdiction is essential...they KNOW the prosecutors and tendencies.
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Old 10-20-2017, 07:52 AM
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His PD who is his legal advisor and if he say's don't take it there's a good chance he knows better then any one here.
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Old 10-20-2017, 12:55 PM
Kristina0314 Kristina0314 is offline
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If I call his public defender would he talk to me and answer questions? Or not because we aren't married?
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Old 10-20-2017, 04:59 PM
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Quote:
Originally Posted by Kristina0314 View Post
If I call his public defender would he talk to me and answer questions? Or not because we aren't married?
He might, my husband and i are married but i never legally changed my name and his PD talked to me about everything "thinking i was just his girlfriend" until one day at court he said and who are you to him, his girlfriend right? Im like no im his wife i just never legally changed my name. So 9 times out of 10 it doesnt hurt to call and see if u can get info.
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Old 10-20-2017, 05:39 PM
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Quote:
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If I call his public defender would he talk to me and answer questions? Or not because we aren't married?
We can answer some questions. If they are procedural, or deal with generally known stuff, then we can answer. We will not answer fact specific questions nor betray a client's confidences
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