How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Steinlaw Your Own Question

Steinlaw
Steinlaw, Lawyer
Category: Criminal Law
Satisfied Customers: 1811
Experience:  I have represented individuals accused of crimes.
12106879
Type Your Criminal Law Question Here...
Steinlaw is online now
A new question is answered every 9 seconds

If a U.S. Attorney, is charging someone with a crime that hold

Resolved Question:

If a U.S. Attorney, is charging someone with a crime that hold a minimum sentence of 10yrs, but can charge him with a lesser crime and isn't, and threatens to add a couple of more charges so that he can add yrs on if the accused doesn't plead guilty. Is that possible and can the defense argue that in other words why is he charging the more serious charge when he can charge the accused with a lesser charge. He doesn't have the final word right. and if the defense does nothing the accused is not being properly represented right?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Steinlaw replied 4 years ago.
Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you have put all of the information in your question. Also, due to site reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. Also, there may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...

What you are describing is a common negotiating strategy for prosecutors. They overcharge a crime and then threaten to add other crimes in if a plea is not reached. You cannot argue this to a jury. It is not admissible. Your attorney should advise you on the likelihood of a conviction and whether you should take the plea.


Good luck.






Legal Disclaimer. By requesting this information, you expressly agree to the following: The information given is not legal advice. You should not and may not rely on anything on this website as legal advice. The nominal price you may or may not pay for information does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship. The only method of gaining an attorney/client relationship with me is via a retainer and signed fee agreement, which is not offered via this site. I am providing only resources, opinion and information for you to be informed and educated about your particular rights and needs. My answer is limited to the facts presented with the understanding that you will do your proper due diligence and appropriate follow up with an attorney licensed in your state. I do not provide general or specific legal advice on this site. I also am licensed to practice only in California, which may not be the state where this information is being provided or state whose law would apply, if any. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites.
Customer: replied 4 years ago.
There was no plea he offered the minimum sentence botXXXXX XXXXXne
Expert:  Steinlaw replied 4 years ago.
Then that is his offer. It is a bad offer. You should ask the judge for a settlement conference or mediation to see if the judge can put some pressure on the US Attorney to make a better offer.
Customer: replied 4 years ago.
So even though he can charge a lesser charge and i'm sure the judge already knows that just by looking at the file the attorney has the last say whether it be right or wrong
Expert:  Steinlaw replied 4 years ago.
The charging decision rests solely with the prosecuting attorney. He can charge anything he thinks he can prove. The judge, however, can influence plea negotiations.
Steinlaw, Lawyer
Category: Criminal Law
Satisfied Customers: 1811
Experience: I have represented individuals accused of crimes.
Steinlaw and 5 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.