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15thkid
15thkid, Criminal Defense
Category: Criminal Law
Satisfied Customers: 82
Experience:  Licensed Florida Attorney since 1988. Former law professor.
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Good evening, my son was accused of attemp of murder and he

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Good evening, my son was accused of attemp of murder and he was told he could get 25 years or declare himself guilty, is this what law in the US states? his acuser did not show up at court anymore 

15thkid : I am not quite sure what you mean about that choice, but I am sorry about your situation. Sometimes a plea offer is made, and it can be explained, or misunderstood, in a way that someone believes they will automatically get a certain number of years in prison if they go to trial.
15thkid : Quite frankly, certain judges do punish you for going to trial, which is your absolute right. So you might be offered 5 years in prison to give up your right to trial and enter a plea, decide to go to trial, and be sentenced to 15 years.
Customer:

Do you speak spanish?

15thkid : Sorry, i do not.
Customer:

I don´t understand why if the accuser did not go to the trial my son is still i problems. I live out of the US so I am trying to understand what is his better choice, he says he wasn´t even at that event but the public deffendant advised to declare himself guilty or get life sentence

Customer:

what can he get if he declares himself guilty?

15thkid : The victim not showing up for court is almost never an automatic winner. First, they can drag them to court with a subpoena. Second, they may be able to prove the case without them. But it is certainly a huge factor his lawyer would explore!
Customer:

I can´t afford an expensive lawyer, is there an isntitution in Moreno Valley that can help?

15thkid : Does he have a public defender? Many people are critical of public defenders, but I know many very good ones. I was one myself.
Customer:

like human rights? . I believe the judge is pushing because he has tattoed his hands with MS but that´s another matter I guess

Customer:

he had one public but he didn´t want to declare himself guilty and he fired him, now his mother is looking for another one

15thkid : The judge really doesn't have much role in plea offers, only in actual sentencing.
Customer:

what´s the sentence if he declares guilty and what what if he looses the case?

15thkid : If he has a public defender, i doubt another agency or group will get involved in representing him.
Customer:

he does not have it any more, he fired him

15thkid : I can not predict what the sentence would be - or whether he would even be found guilty.
Customer:

what´s can be the sentences in both possibilities?

Customer:

can it be life?

15thkid : Is it attempted 1st degree murder?
Customer:

I don´t know sorry

Customer:

it was a fight without weapons, only with body

15thkid : Probably can be life, based on what you are telling me.
Customer:

but he says he wasn´t there,

15thkid : How bad were injuries?
Customer:

he went to the hospital

15thkid : If he wasn't there, do they just have the wrong man?
Customer:

my son had witness saying he wasn´t there, his girlfriend and mother in law but their sayings were not accepted, I don´t know why

Customer:

that´s what it seems, but he was so stupid to tatto his hands

Customer:

if it can be life, and he declares himself guilty, what does he get?

15thkid : He should not plea to something he didn't do, in my opinion.
Customer:

right

Customer:

but they have him at bay

15thkid : Understand that the lawyer's job is very different, that is, to look at the evidence against him and think, what will a jury do?
Customer:

he is salvadorean, he dresses big shirts and tottoed his hands, but he says he was never at that place

Customer:

ok

15thkid : He is probably being offered a plea to a less serious charge than attempted murder
Customer:

so is there an institution thta may help, we can´t pay an expensive lawyer which his mother says could really help

Customer:

yes

15thkid : I want to be realistic with you. I doubt any institution will help, unless there is some special issue here.
15thkid : Their attitude is that he was "given" a lawyer already.
Customer:

Ok, thank you. You´ve been very helpfull, I understand better now

15thkid : I wish you all the best.
Customer:

Good night

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