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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
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Experience:  16 yrs. of experience including criminal law.
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do the state just take cases to trail after rejecting the frist plea

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Submitted: 6 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 6 years ago.
Thanks for the chance to assist

In Arizona, more than 90% of all cases are delt with through pre-trial negotiations and a plea bargain. This can happen as early as the pre-trial conferences or as late as just prior to the jury returning a verdict. I have seem cases resolved at all points in between.


Really, its a matter of the strength of the states case, the level of participation of the victims (if any), the evidence issues in the case, the strength of the attorneys, the budget of the county attorney...and many more factors.

If the state is offering a deal prior to the suppression motion and if you win the motion the case goes away...then you have a tough choice since if you take the deal you will typically not be able to litigate the motion but if you litigate the motion and lose, you lose much of your leverage.

Your attorney would be best situated to let you know the strength of your case...know that the judge will often side with the prosecution unless there is compelling reason not to.



Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the green accept button, its the only way I get paid.


     






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P. Simmons
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Criminal Lawyer
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16 yrs. of experience including criminal law.