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Habituals, Court Appointed Attorneys, Bond Request and Fair TRIAL ? Is this a losing combination or how do we add HOPE?
Anonymous3 views3 answers
Charged with a 3rd degree felony with enhancements because of his prior felonies from 20 years ago. At first the judge set NO BOND- then at this past setting, he was granted a bond but it is extremely high and unreachable for us. $150K. This new charge is not aggravated. It is a type of fraud charge.
After much reading, I am scared of the outcome for my spouse should he remain in custody. I've been told a defendant who makes bond and stands before the judge will have a much better chance at pleading down the enhancements and negotiations., Ive been told the sentence could be much less than the 25-99 that habituals are mandated.
Ive been told if he remains in jail with a court appt atty, he will almost be 100% to get 25-99.
His lawyer is not helpful. Please tell me something hopeful.
You said he's charged with a 3rd degree felony, which is punishable by 2-10 years, but you are fearful of a 25-99 year sentence? I guess you mean it was enhanced up to a 1st degree felony because of priors, but I'm not certain. If he is facing a first degree felony, he's in a bad spot. If he is found guilty, he will be facing some serious jail time. Judges shouldn't take into account someone's financial status when sentencing either. Whether he can or cannot make bond is irrelevant in the eyes of the law, in theory at least! If he is unsatisfied with his attorney, he can go out an hire one on his own, or maybe petition for a different one because of discord/conflict, but the Court has discretion in this matter. My best advice is for him, and you, to trust in his attorney, whether Court-appointed or not. They will have a much better handle on things than anyone else.
Let's break this down into your various concerns. First, let's talk about the 3rd degree felony. The range of punishment is 2-10 years in prison. If the DA can prove that before the current offense occurred, the defendant has twice before been convicted AND sent to prison, the punishment may be enhanced to that of a habitual felon -- 25-99 years or life in prison. These paragraphs are optional and can be negotiated away at the discretion of the DA.
As for the bond, often times a county has a bond schedule the judges adhere to and if the bond is set within that schedule, there is little hope of a reduction. That does not mean that it cannot happen, it is just more difficult. The bond is supposed to be set sufficiently high to secure the Defendant's presence in court, but not so high as to be oppressive. Judges, when considering whether to lower the bond, will look at the defendant's priors, any past violence, the new offense, age of the victim, ties to the community, ability to make bond, among other things.
Lastly, some of the best lawyers out there take court appointments. Before you decide to hire someone else, do your research on the attorney he currently has. Talk to him calmly and logically and tell him your concerns. If after speaking with the lawyer, you are still unsure he is the right fit for the case, talk to others until you find one you feel comfortable enough to hire.
Ms. Anderson is spot on. No way around it, whether the prosecution keeps the enhancements or they abandon them, your husband needs a tough attorney.
Many great attorneys take appointments (most are very good lawyers...especially those that take felony appointments). A few are not so great. If you are not satisfied with your attorney, your husband is can hire an attorney of his choice.
Good luck.
