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Best Case Scenario? I have been charged with 3 D Felonies... Non-Violent, One Felony on my record from 1997
Anonymous3 views3 answers
I was arrested in July' '15 on charges of Grand Larceny 3rd, Computer Tampering 2nd, ID Theft to Obtain Goods(All D Felonies) and misd. poss. of personal ID. My next court date is Nov 9th, and I still haven't been indicted as of yet..... I'm out on bail, currently have an attorney, and the DA said he was getting ready to present to the Grand Jury.... This was over a month ago..... Why the holdup on the indictment? And as I previously stated, I have 1 Felony on my record from 1997, so I am not considered a predicate Felon. I understand no one has a crystal ball, but what are my chances of having the indictment thrown out or getting some sort on no-jail plea deal? The DA has it in for me because he wants cooperation, which I refuse to give. My lawyer says they are probably bluffing. pls help
You should listen to your lawyer. Don't get hung up too much on not being indicted as of yet. The DA has six months to indict you, so they've got plenty of time. Hopefully your lawyer covered this base already, but be sure to have them serve cross 190.50 notice, that way you are apprised of when any potential grand jury will convene.
As for jail time, there's always a good likelihood of a non-jail disposition of your attorney negotiates the right way and dependent on the facts of your case, which admittedly I do not know. As a former prosecutor, I've seen cases which I sent to the grand jury on these exact charges result in a misdemeanor with probation and some sort of programs, no jail. I've also seen them end up with a short jail term for the misdemeanor, maybe 3-6 months. Then of course there are the cases which result in Felony convictions and serious prison time.
Considering you already have an attorney, you should be posing these questions to them. Good luck.
You should speak to your attorney about your situation. He or she will have more details about the specifics of your case and what the hold up in the indictment is. You can discuss your best and worse case scenarios. However, in general, just because a ADA hasn't indicted a case immediately doesn't mean they won't. They could still be investigating. But, perhaps they don't have enough enough to present to a grand jury. Without more facts, your question cannot be answered more precisely.
