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 Ely Your Own Question

Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 89091
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
Ely is online now
A new question is answered every 9 seconds

I am writing a novel. My main character lives in Hawaii and

Resolved Question:

I am writing a novel. My main character lives in Hawaii and gets arrested by the cops after he tosses an eight ball of cocaine from his pocket. I need to know what happens to him then. What I have so far, is that he goes to jail for the night in a holding cell(?), has an arraignment(?) the next day before a judge, and gets bailed out by his father. (Does that sound realistic?)

Then, he goes to live with his dad (for a few weeks) until his next court appearance, (???), where his lawyer (family friend) makes a plea bargain (??) and he gets to go to rehab instead of jail for his sentence. (Is that even close to realistic???)

PLEASE HELP :) HOW DO I EXPLAIN THE ABOVE PROPERLY?? :)

These are my questions:(please if you could answer them all in great (layman) detail that would be appreciated)


1.Where does he spend the night when held in jail? In a holding cell? By himself? What would it look like?

2. His friend was speeding, they got pulled over, both are heavily intoxicated (stoned and drunk), my character (not driver) tosses the cocaine from his pocket, polices sees him do it. What charges would they have?


3.Can I have his father bail him out the next day? Would it be after his arraignment? Where would he pick him up? Jail or Courthouse?


4. What happened at arraignment?


5 (**MOST IMPORTANT QUESTION) After 2-3 weeks staying with his father, what happens next? Would he have another court appearance where he and his lawyer could make some kind of plea agreement? or is that just done by the lawyer? Would he go with the lawyer to plea bargain? Would he be in front of the judge? Would his father be there too? How is it all handled?


6.How is the sentence given to him? In court? Letter? And after it's all over, does he go straight to rehab from the courthouse??


ANY HELP YOU COULD GIVE ME WITH THIS WOULD BE SOOOOO APPRECIATED. I'll even ackowledge you in my book if you like lol

PLEASE ANSWER :)
Cheryl
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Ely replied 2 years ago.
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow ups and my replies because I am typing out my answer, or taking a quick break.

Writing a novel? I am jealous. Have tried and stopped many times. I wish you the best of luck here, my friend. Unto your questions:

1.Where does he spend the night when held in jail? In a holding cell? By himself? What would it look like?

A jail cell. Individuals charged with a crime have a right to see the judge at first opportunity. Normally, one or two days are spent in the county jail which may be large (thousands of cells) for big counties, and small with only a few cells (100?) for small counties. Normally, this is a "transient" area. Individuals who have petty violations that require 6 months or a bit more serve their time in county jail rather than state prison, and those that are awaiting trial are also held in county jail. PRISON is state-run, and is generally more institutionalized.

2. His friend was speeding, they got pulled over, both are heavily intoxicated (stoned and drunk), my character (not driver) tosses the cocaine from his pocket, polices sees him do it. What charges would they have?

RECKLESS DRIVING - Petty Misdemeanor 291-2 & 701-107(4). Not more than 6 months, per 291C-103(e). (Friend)

For driving stoned/intoxicated, this would fall under a DUI. This depends on their priors. See here:

http://www.duiarresthelp.com/states/hawaii/dui-laws.php

POSSESSION: Class A felony. Class "A" Felonies typically carry a maximum possible penalty of either 20 years or life in prison, but if the individual has no record or very little, prosecutor may offer a plea deal.

3.Can I have his father bail him out the next day? Would it be after his arraignment? Where would he pick him up? Jail or Courthouse?

Let's give it two/five days - by the time he calls his dad, then his dad has to call the bail bondsmen, etc. Also, the initial bail is set very high or none at all, and is only lowered at hearing, if at all. He'd pick him up at the jailhouse. He may or may not have had an initial hearing by then where he is told of the charges, and his right to an attorney, etc.

4. What happened at arraignment?

See above. Also see here:

http://thelaw.tv/hawaii/DUI+Law/DUI-1070

5 (**MOST IMPORTANT QUESTION) After 2-3 weeks staying with his father, what happens next? Would he have another court appearance where he and his lawyer could make some kind of plea agreement? or is that just done by the lawyer? Would he go with the lawyer to plea bargain? Would he be in front of the judge? Would his father be there too? How is it all handled?

He would have another hearing, and then another, and perhaps another. The prosecutor and the defense attorney meet a few times at these hearings, several weeks apart, to discuss case and where the Defense Attorney reviews the evidence and decides if to take a plea deal or take chances at trial. His attorney always is supposed to go with him to the Court, yes. His father can go. Normally, at these resets, all that happens is that the Defendant sits in the pews while the attorney and the DA talk, and then the attorney may go back to the Defendant to update him, and/or pass along a deal, before resetting. Often, while Defendants are not supposed to be late to the hearing (8:30, 9am), attorneys come in around 9 or 10, and then the DA and the attorneys talk, which means in all 3-4 hour wait just for a reset for the Defendant. Many get restless, but you cannot sleep in a Court. The bailiff often snaps at someone for doing so.

6.How is the sentence given to him? In court? Letter? And after it's all over, does he go straight to rehab from the courthouse??

If at a plea deal, then the defendant is called up and the Judge renders the judgment based on the plea deal with all standing before the bench. If at trial, then at the sentencing hearing after being found guilty. He'd go straight to jail/rehab, unless his attorney specifically makes a plea for a few days to get their life in order before they enter treatment/jail - normally okay'd for non-violent crimes where Defendants do not have history of absconding.

Additional factors
-jail food is not enough, often - 1500 calories per day. Lunch can be an apple, cold sandwich, and a "milk" or a soda.
-it is very cold in jail.
-while in Court, Defendants who are jailed are often held in a jail cell adjacent to the courtroom with volume padding (it is normally noisy in the jail cell because you have 20 or so inmates yelling), and attorneys can go back there to talk to them via glass or bars. These are the ones who have been denied bail or are making their first appearance
-after a court date, the individuals who have had their matter heard are transported back to the county jail. Those that are given bail that is affordable may be bonded out of the jail a few hours later.
-individuals are dressed in jail uniforms - normally a bright, one-piece color.
-uniforms are often loose fitting.
-segregated by sexes

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:

http://www.justanswer.com/law/expert-elyJD/
Customer: replied 2 years ago.

Thanks for your answers but I'm still a little confused. Because I’m writing a book, I need to be able to write a description of what he’s going through. (Therefore, the “additional factors” you gave me were great! That’s kind of more what I’m looking for, however concerning court instead of jail :))


I must keep replying until I get just what I am able to use for my book. Hope that’s ok. So to clarify:

1. Just wondering...were the answers you gave me specific to Hawaii?

2.How many people are in the cell with him? What do they sleep on?

3.If he had the initial hearing, charges read etc, and bail is set then too?…does that happen at the jailhouse, where his dad picks him up? Or would he go back and forth from the jail to the courthouse?

4. His dad is pretty rich…would he still need a bondsman? I can have the bail set at lower end…

5. At these hearings where the prosecutor and DA talk…who is the prosecutor? Is it another lawyer? Is the judge present at each hearing? And is my character at each of these meetings? (These are the meetings he sit in the pew right?)

6. Ok…so if at one of the hearing, the prosecutor and DA agree that he gets 3 months rehab plus two year probation instead of jail time. Is there a judge right then and there that can give the sentence? Can he leave for rehab right after?

7. Also, so I can write the dialogue, what would the judge SAY for the sentencing and dismissal?

Sorry…I wish I was less confused by all this haha. Thanks again for any help C

Expert:  Ely replied 2 years ago.
No problem.

1. Just wondering...were the answers you gave me specific to Hawaii?

Yes, they are. I specifically cited the code as well, and also linked you to some Hawaii-specific sites.

2.How many people are in the cell with him? What do they sleep on?

In the jail, it can be anywhere from 10 to 30. It really depends on the county, and the population of that county, and structure of the jail. They sleep on a thin mattress, generally speaking, which is spread over a part coming out of out of the wall which may be slept or sat on.

3.If he had the initial hearing, charges read etc, and bail is set then too?…does that happen at the jailhouse, where his dad picks him up? Or would he go back and forth from the jail to the courthouse?

Yes, bail is set at Court, and then the bail may take a few hours, so he bails out of jail at a later time, normally about 6 hours later.

4. His dad is pretty rich…would he still need a bondsman? I can have the bail set at lower end…

This depends - really up to them. The father can either pay the bond to the jail 100%, or have the bail bond agency do so.

5. At these hearings where the prosecutor and DA talk…who is the prosecutor? Is it another lawyer? Is the judge present at each hearing? And is my character at each of these meetings? (These are the meetings he sit in the pew right?)

DA is the prosecutor. Sorry for the confusion. DA stands for district attorney, and is used as a generic term for a prosecutor. The Defense Attorney is his attorney. The Judge is sitting up on the bench while the attorneys are walking around the courtroom, negotiating. The defendants are sitting behind in the pew. The Judge does not get involve unless it has to do with bail, pre-trial, or later, trial.

6. Ok…so if at one of the hearing, the prosecutor and DA agree that he gets 3 months rehab plus two year probation instead of jail time. Is there a judge right then and there that can give the sentence? Can he leave for rehab right after?

YES. YES.

7. Also, so I can write the dialogue, what would the judge SAY for the sentencing and dismissal?

It is impossible for me to write out what a Judge would say - this is normally a 5-20 minute hearing. If you write it, I can correct it.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:

http://www.justanswer.com/law/expert-elyJD/
Customer: replied 2 years ago.
Ok..i think I've got it mostly sorted out. (I swear I'm not just wasting your time and I will pay you when we are done haha)

Just a few more:

1. Is the courthouse right at the jail? I think that's where I'm confused...


2. While at the (plea bargain) hearing, would his dad ever say something on his behalf? In the original story I have them go to court and his dad stands up and says to the judge "his son is not a bad person, blah blah blah...if given the chance to get off the drugs" Would this ever happen? or should I just take it out.

3. What would my character call this "plea bargaining" hearing (in normal street talk)? Like if he said: "I gotta go to bed, I've got my ____ in the morning."

4. Would they drug test him during any of this? And if so what if he fails the test? or does that just matter later, while he's on probation?

5.Here is a part I have written. I've taken some stuff out to make it as short for you as possible, while still making sense:


Wearing a suit he had borrowed from his brother, Devin stood in the courtroom, waiting to hear what the judge would say. With pursed lips, she shuffled some papers on the bench and turned to him.
“Two thousand dollar fine and a year of probation, with conditions to abstain from non-prescription drugs and three months in rehab as part of the sentence.” She pounded her (??)gavel on the sounding block(??) and Devin exhaled. It was over. He wasn’t going to jail.

(As you can see...i didnt know what to say or how court ends haha....I might go watch a courtcase if I can, but still any help you could give to add to that paragraph would be great)


6. Afterwards, I have him exit the courtroom with his father, go down the steps and his dad drives him to the rehab clinic. (Is there anything I should add to that?)



Thanks again...oh,,,and I may actually use that part about him "dozing off" and the bailiff snaps at him.
:)

This should be it for questions...hopefully.
Expert:  Ely replied 2 years ago.
Ok..i think I've got it mostly sorted out. (I swear I'm not just wasting your time and I will pay you when we are done haha)

No worries! I am hoping you'll add a side character based on me, too. Haha.

1. Is the courthouse right at the jail? I think that's where I'm confused...

Normally, the county courthouse is about a block away or so from the county jail. The prisoners are transported via a special van most times - in morning for trial, then back in afternoon. Some counties do two shifts, with those that have their matter taken care of before lunch coming back to jail without waiting for the afternoon crowd to finish.

2. While at the (plea bargain) hearing, would his dad ever say something on his behalf? In the original story I have them go to court and his dad stands up and says to the judge "his son is not a bad person, blah blah blah...if given the chance to get off the drugs" Would this ever happen? or should I just take it out.

No. If a plea is agreed-upon, so is the sentence. No "sentencing hearing" is held. If the Defendant opts to go to a trial and is found guilty, then for sentencing, they can have favorable witnesses to mitigate the sentence decision.

If he tries to do this without a hearing - just get up from the pew and start talking - he'd be escorted out of the courtroom. It happens sometimes.

3. What would my character call this "plea bargaining" hearing (in normal street talk)? Like if he said: "I gotta go to bed, I've got my ____ in the morning."

"I do not feel like talking. I have my hearing tomorrow and I'm hoping to strike a deal, so I'm nervous. I'm just going to try to get some sleep." Of course, that is someone with a college education saying it. Is the person educated? Are they from the "hood?" Etc. You'll know how to modify it.

4. Would they drug test him during any of this? And if so what if he fails the test? or does that just matter later, while he's on probation?

They may drug test him upon entering prison, but they won't for the duration - he would not be able to get anything inside, so it is not normal procedure.

If he is on probation, he is tested normally once a month at a probation office, or at random checks "This is your PO come in to take a UA (urynary analysis). If they fail, they can be arrested.

5.Here is a part I have written. I've taken some stuff out to make it as short for you as possible, while still making sense:

Wearing a suit he had borrowed from his brother, Devin stood in the courtroom, waiting to hear what the judge would say. With pursed lips, she shuffled some papers on the bench and turned to him. “Two thousand dollar fine and a year of probation, with conditions to abstain from non-prescription drugs and three months in rehab as part of the sentence.” She pounded her (??)gavel on the sounding block(??) and Devin exhaled. It was over. He wasn’t going to jail.
(As you can see...i didnt know what to say or how court ends haha....I might go watch a courtcase if I can, but still any help you could give to add to that paragraph would be great)

Still wearing the jail uniform/wearing a suit, stood in the courtroom after his attorney and the prosecutor came to a plea deal and his attorney pushed it on him. "It's a good deal," she had told him earlier. "The DA is giving us an out. They have you. You can do years." Devon remembered agreeing with a twitch of the head. He was not even sure if he agreed or simply sighed, but the attorney took it as such and he resolved to it. He just wanted it to end. A few minutes later, he was lead by the Bailiff to a space before the bench. To the right of him was his attorney. To the left was the DA. Devon stood there, numb. The Judge looked at them, but not him in particular. "Plea?"

"Yes your honor," DA responded.

"Has anything been promised to you for this plea? Do you understand what you are agreeing to? Are you doing so of your own free will?" He was saying "yes," quietly, as told to do so by his attorney.

"This state supports and accepts and this plea deal, and hereby sentences you to____" Good , Mr. Smith. He signed - that was it. A lot less ceremonious than he had imagined.

6. Afterwards, I have him exit the courtroom with his father, go down the steps and his dad drives him to the rehab clinic. (Is there anything I should add to that?)

He'd change to street clothes first inside the holding cell and then be be driven to the rehab clinic by the Sheriff, or by father if that was agreed upon.

Thanks again...oh,,,and I may actually use that part about him "dozing off" and the bailiff snaps at him. :)

Nice, but that is for people who sit in pews. Remember, most inmates are in holding cell adjacent to the court, out of view... So this would be after he had already bonded out.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:

http://www.justanswer.com/law/expert-elyJD/
Customer: replied 2 years ago.
Thanks...I will use a lot of what you wrote. However, he is already bailed out when the plea hearing happens (two weeks later), therefore he would not be in the jail uniform.

As it happens: he gets arrested, in jail for 2 nights, initial hearing, bailed out, stays with dad for two weeks, then has hearing where he get his plea agreement. :)

Therefore, would it still all go as you wrote it?

Thanks :)
Cheryl
Expert:  Ely replied 2 years ago.
Cheryl,

As it happens: he gets arrested, in jail for 2 nights, initial hearing, bailed out, stays with dad for two weeks, then has hearing where he get his plea agreement. :)

Make that 3 weeks to a month before his first setting and in-between.

Also, normally the plea deal is not discussed ahead of time. So he and his attorney would not know what the DA would offer until the hearing, and then they can take, or reset to think over.

Sounds about right.

PS - JustAnswer is a public site, so everything is discoverable. You may want to ask the site to redact the paragraphs to ensure that your writing thought process is not exposed. Or I can do this request for you - just let me know.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:

http://www.justanswer.com/law/expert-elyJD/
Customer: replied 2 years ago.
I can probably make it 3 weeks, but not a month as my story would just not work time wise as I have other plots going on that I can't stretch out. It IS fiction, so I'm sure I can speed this all up a little bit to work it into the story. Would it help if his family knew the judge? or the attorney?

So is three weeks feasible then (for fiction) between the time he is bailed out and the day or the hearing when he gets his deal and goes to rehab??

Does what you wrote about him being at the courthouse in the pews, and talking to the judge on the bench still work for THAT hearing (the day he leaves for rehab?)
Expert:  Ely replied 2 years ago.
Would it help if his family knew the judge? or the attorney?

No. And that complicates everything. Unless this is legal thriller, you may want to avoid this (not telling you what to by any means), simply because it opens up a can of worms.

So is three weeks feasible then (for fiction) between the time he is bailed out and the day or the hearing when he gets his deal and goes to rehab??

Yes.

Does what you wrote about him being at the courthouse in the pews, and talking to the judge on the bench still work for THAT hearing (the day he leaves for rehab?)

Yes.

If you would come back later one and shoot me what you have all-together, we can play around some more to work the kinks, of any.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:

http://www.justanswer.com/law/expert-elyJD/
Customer: replied 2 years ago.

Sorry for the delay in writing back but I thought I would work on the scene and send you a clip of it. Just a rough draft, but if you could please just tell me what you think I should add or remove, and then I'll be done all my research. This book has taken years to write. :) Now just a quick edit and FINISHED! (I'm not worried about people seeing...it's copyrighted. Plus maybe someone will be interested in reading the whole thing haha. FREE PLUG: Liquid Comfort - A Surf Story....haha)

Thanks again....Cheryl

....So that's it, really. Funny how much research you have to do for one little scene.

I was wondering though (about the highlight part above) Should there be anything else after "The DA responded"...like telling her the plea...sliding papers towards the judge? What would the DA's actions be there?

Thanks again. I'll await your answer so I can "accept" it haha.

Also if you'd be interested in having me "acknowledge your help" in the front of the book, send me your info toXXX@XXXXXX.XXX. It would just be a quick mention, (and it's not like I'm a big time author or anything haha) but I'd love to add you!
Cheryl



Expert:  Ely replied 2 years ago.
Hello,

Two things.

First
After He nodded, but then remembered his place. "Yes, your honor." He spoke clearly....

Normally at this time, the prosecutor and the defense attorney will exchange a few legal terms with the prosecutor entering the deal on the record and the defense attorney confirming. The average person would not understand what was said, and neither should your character. So consider then adding:

The prosecutor then quickly stated a few sentences to the Judge which were full of legal jargon, and he was surprised with his attorney's sudden bark of "no objection." What did that mean?

"Plea accepted" said the Judge. "This state supports and accepts this plea deal..."

Second
He'd have to fill out some paperwork for the plea. It differs by jurisdiction. So simply have the attorney tell him where to sign on the dotted line" when he is telling him to take the plea, and that should be okay.

Otherwise, looks okay.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:

http://www.justanswer.com/law/expert-elyJD/
Customer: replied 2 years ago.
So that is when they are talking at the pew...not at the bench right?

And I dont add anything after the highlighted part??

:)
C
Expert:  Ely replied 2 years ago.
Yup.

What highlighted part? Better give me what you got now with the incorporated text and we can review again. Sorry, don't hate me.
Customer: replied 2 years ago.
Oh sorry...after the part when the DA says, "Yes, your honor," ...where in brackets I put (MORE HERE???)

It just seems like it doesnt flow from that sentence to the next when the judge talks to Devin.
Expert:  Ely replied 2 years ago.

This is what I mean:

 

 

Makes sense, I believe? I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time: http://www.justanswer.com/law/expert-elyJD/

Customer: replied 2 years ago.

HAHA...thanks. This is what I put. (Pretty much a couple of yours, so thanks for writing part of my book for me haha)

So who told the judge the plea?...it just seemed to me that she asked the DA if there was a plea and he said yes...but then she just knew what to sentence him. That's why I asked if there was more. Did she read it?

Expert:  Ely replied 2 years ago.
So who told the judge the plea?...it just seemed to me that she asked the DA if there was a plea and he said yes...but then she just knew what to sentence him. That's why I asked if there was more. Did she read it?

That is because the Judge will get a court file from the clerk with the plea deal and the papers signed by him and the DA. So the Judge will look at the file - look at the parties - confirm - and tell them to proceed.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:

http://www.justanswer.com/law/expert-elyJD/
Customer: replied 2 years ago.
Ok so that was all done before they approached the bench?

Sorry I'm so clueless when it comes to these things. (But the good side of that is I've never had to go through it haha)
Expert:  Ely replied 2 years ago.
Honestly, it may do your book some good if you attend a county court on a weekday morning. You will see all that we talked about put into practice. Things will make much more sense. Just something for you to consider.

Yes, the plea was made and signed off by the parties before the Judge hears it. The Court simply "accepts" the plea deal from both parties and orders it so.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:

http://www.justanswer.com/law/expert-elyJD/
Expert:  Ely replied 2 years ago.
PS "With shaky fingers, he signed the papers" - delete that. He signs everything beforehand, with his attorney, remember?
Customer: replied 2 years ago.

OK thanks..how about:


“Plea accepted.” With pursed lips, the stern faced woman shuffled some papers on the bench. Up close, her eyebrows were even hairier. "This state supports and accepts this plea deal and hereby sentences you to a two thousand dollar fine and two years probation, with conditions to abstain from non-prescription drugs and three months in rehab as part of the sentence.”

Devin swallowed the lump in his throat, and Paul informed him he was free to go, That was it? He exhaled. It was over. He wasn’t going to jail.

Expert:  Ely replied 2 years ago.
Free to go (with stern warning to make it to the facility within 3 days as agreed).

Yup.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 89091
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 8 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.
Awesome. Thanks so much for all your help. This is really an amazing service! Dont forget to email if you want your mention! :) I will definitely take your advice and go watch a hearing :)

Thanks again!
Cheryl
Expert:  Ely replied 2 years ago.
You are very welcome. I cannot email you, and I do not really want any mention in your book because it is your vision, and not my place.

However, it would be cool to have a side character with the name of Ely in there somewhere... ;)

Good luck!
Customer: replied 2 years ago.
HAHA...maybe I'll change the name of the lawyer from Paul to Ely ;)
C
Expert:  Ely replied 2 years ago.
Sweet... :)
Customer: replied 2 years ago.
,Hi Ely...me again...still writing my book and have a quick question I was wondering if you could help me with.In my book, when the two guys get pulled over/arrested, (one for drunk driving, the other for possession of cocaine) there is a girl in the car with them. She doesn't have anything on her, but admits to smoking some pot earlier and that she just met the guys that night.Is there any chance the cops would let her go? (Like if someone sees her pulled over and offers to drive her home) Or would she HAVE to go to the station too?I know I used up my question before haha...but thanks for any help you can give me again. :)Cheryl
Expert:  Ely replied 2 years ago.
Cheryl,

That is really up to the cops. Officers generally like to catch people in possession rather than already under the influence, so they can let her go - it would be believable. They would caution her and get her to call a cab (since the vehicle would often be towed).

But no, the officer is not going to let her simply stay out there by herself, or get a ride with someone she does not know - that is irresponsible.

No worries, I'm here to help as needed!

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.
 
 
 
Chat Now With A Criminal Lawyer
Ely
Ely
Counselor at Law
2456 Satisfied Customers
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.