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Cowgirl Lawyer
Cowgirl Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 1422
Experience:  Attorney for 22 years, criminal defense, from misdemeanors to murder, trials and appeals.
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My son is 18yrs old, this is his 1st offence as an Adult. He

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My son is 18yrs old, this is his 1st offence as an Adult. He is being chged with BURGLARY-THIRD DEGREE (13-1506A1) A CLASS 4 FELONY & DRUG PARAPHERNALIA-POSSESS/USE (13-3415A) A CLASS 6 FELONY. What should he expect to get out of it? The State of AZ. is the Plaintiff. He will use a Public Defender assigned to him. He is not working. Please Advise. Thank You
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Cowgirl Lawyer replied 7 years ago.
Hello!

While this is your son's first adult offense, the prosecutor will look at your son's juvenile record in making an offer. If your son's juvenile record is completely clean and this is his first ever offense, then depending upon the nature of the burglary, the prosecutor might offer something significantly less for a plea. If your son has a minor juvenile record, the offer would not be significantly affected. If your son has an extensive and/or serious juvenile record, the offer will not be generous.

Depending upon your son's drug issues, and depending upon your son's desire to get clean, it might be possible to work out a deal in which he would get treatment. These deals depend upon a variety of outside factors, including the availability of treatment in the local area (whether the treatment facilities are over-crowded and currently have long waiting lists, or whether treatment is readily available).

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Cowgirl Lawyer

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Customer: replied 7 years ago.
When he goes to court the first time, will he stand trail or will the defendent do the talking. And will we know that day, the out come?
Expert:  Cowgirl Lawyer replied 7 years ago.
Hello!

No. Trials do not happen on the first court appearance. The first court date, he will ask for a public defender if he has not done so beforehand.

The first court date is to allow the judge to inform the defendant of the charges and possible maximum sentences if the defendant is convicted of all charges. The first court date also allows the defendant to enter a plea. The plea should almost always be "not guilty" on that first appearance. And, the defendant should generally demand a jury trial.

Trials are actually fairly rare in the justice system. Only a small percentage of cases go to trial. Most are plea bargained. That means that the defense attorney and prosecutor negotiate a settlement. If the client agrees to the negotiated settlement that his attorney is able to get for him, then he enters a plea of guilty to the reduced charges (or to the agreed sentence).

One can typically expect several court appearances at least before a case is ultimately concluded in either a plea, a dismissal, or a trial.

I will be happy to clarify my answer if you need me to do so.

If not, please click ACCEPT to pay Just Answer and me for helping you. I do not get paid for my work unless you click ACCEPT. Like you, I cannot work for free.

Your positive feedback wins me points and costs you but a moment of time. A "bonus" awards me for an especially good job.

Next time you visit Just Answer, please ask for me by name by starting your question with "For Cowgirl Lawyer."

Good luck and best wishes!

Cowgirl Lawyer

IMPORTANT: I am not your attorney, and we do not have an attorney-client relationship. I am not responsible for your legal rights. My function here is to provide education to the public so that people can understand the law. If you accept my answer, you are accepting educational information. Please remember that this is a public forum. Anything you discuss here is not protected by attorney-client privilege. Do not take any action or fail to take action based upon our discussion here. I am an experienced attorney licensed in Illinois, but I do not hold myself out as an "expert" in any area of law (Illinois does not recognize such attorney specializations). Any representation to the contrary by JustAnswer is in error. You should consult with an attorney in your area for specific advice relevant to your situation.

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