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Prosecutor made an offer of jail time. Is the defense attorney allowed to request a new offer ?
Anonymous2 views5 answers
When a prosecutor wants you to take an offer of jail time ... do you have to take first offer or should the defense attorney try and get a better offer? Got advice from attorney's on this site regarding what defense attorney can do and even gave copy to defense attorney to explain why she cant but all these lawyers say yes she can... just to be told she doesn't need to sit online trying to get business like all you lawyers do. I thank you all for taking the time to help people understand their rights. I am questioning the ability of the defense and now feel I am not being represented 100%.
Robert A. StumpfBankruptcy AttorneyStaten Island, NY ·
If you are not happy with with your lawyer, you should get another one. I assume that if your lawyer doesn't bother to make a counter offer, it's because he or she thinks the current one is the best one you can get.
I do appreciate you tattling on your lawyer, trying to make it sound like she is bashing attorneys on . I got a kick out of that.
You can ask, but the prosecutor does not have to change the offer. You should talk this over in more detail with your lawyer rather than relying on people who do not know the details of your case. Your lawyer is in the best position to advise you. If you do not trust your lawyer anymore, your remedy is to hire a new one.
Plea negotiations are just that .... negotiations. The prosecutor may make an offer and the defense lawyer is always free to counter. However, the DA is not required to make an offer and in some cases won't. In some cases a DA may make an offer but refuse to do better. It depends on may factors such as the nature of the crime, the strength of the DA's case and the defendant's criminal history. If you are not happy with your lawyer retain one you like or ask the Judge to appoint someone else if you have a court appointed lawyer. Most judges will let you change appointed lawyers once so long as you don't wait to the eve of trial.
A lawyer can always try to get a better offer but that doesn't mean that she would be successful. If you aren't satisfied with your current attorney you may want to look for another one.
There can be said a lot of things about plea negotiations. Defense Attorney on behalf of the client does not have to take anything (as prosecutor does not have to offer anything). However, if the offer made by the prosecution is not acceptable to the defense, experienced defense attorney will know what are the chances of getting a better offer. If the offer is to the top count, defense attorney can ask the judge for no jail commitment , in which case prosecution will only be RECOMMENDING THE JAIL TIME AS OPPOSE TO MAKING IT CONDITIONAL. If the offer is to the reduced charge, then it is most likely conditioned upon the defendant getting that exact part of plea. The bottom lime, is more details are needed to analyze your situation. Get a second opinion if the offer is good under the circumstances. But yes, attorney can reject the current offer and say that he is looking for a no jail plea or going forward with litigation.
