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Should I take this first offer from the prosecutor?
Anonymous6 views4 answers
I was charged with possession of marijuana with intent. I had around 7 ounces of weed on me. I know its bad. My offer is adjudicated guilty. 11 month 15 days in jail. Court cost and 2 years probation afterwards. This is my first criminal offense. I have been doing everything I can to keep my head straight. I am a honor student in college and I am getting my associates this semester and I have two jobs. I have also been volunteering at a church every week since this incident and have gotten a letter from the pastor statin this. If I go to court is there any chance that if I plead out to this that the judge would give me an adjudication withheld and probation since this is my first criminal offense and because I am in school and have two jobs?
You need to get yourself an experienced and caring criminal defense attorney in your area ASAP. You have a lot of things going for you to ask for mitigation to get you a better offer and certainly a withhold. However, every county, and every prosecutor is different. So it may be that's a standard offer, but I would certainly hope not given your circumstances. You need an attorney that can convince the prosecutor and/or the judge that you are someone that deserves another chance before making you a convicted felon, that you've learned your lesson, and they won't regret giving you this opportunity to turn yourself around.
You do not say how old you are. If this is your first felony, you are eligible for a withhold. If you are 20 or younger, you are entitled to be sentenced as a youthful offender. If you are self-represented, stop dabbling in pro se litigation, and retain an experienced criminal trial attorney.
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you need to seek the advice of an experienced attorney. I would ot accept the first offer from the prosecutor. An attorney should be able to get you a withhold of adjudication and prevent you from doing any jail time. You can always ask the judge for a withhold of adjudicatio, but most times when a judge sentences you to jail time, then there is a conviction, unless the jail is a condition of probation.
There are so many factors that come into play when asking any question like the one you just did. The judge can make a difference. The prosecutor can make a difference. Even the arresting officer can make a difference. You have to find an attorney who knows all these factors and can seek the resolution you want. The one thing I can say is that experience does not mean the amount of years practicing. Experience comes from fighting for peoples rights in the court room. You need an attorney who is experienced and respected by the judge and prosecutor. Just because someone's name is on a billboard does not mean they are the right attorney for you. Hire a criminal defense attorney that other attorneys would have represent them. Remember each judge is different, just like each prosecutor is different. Find some one who will fight for you, and put your trust in them.
