Criminal Law Questions? Ask a Criminal Lawyer.
Hi Jacustomer,My name is XXXXX XXXXX I am a criminal defense attorney.These charges are very serious and the top charge would be a felony charge, possibly even a felony in the first degree. That can mean years in prison. Once the DA secures an indictment, there is no bargaining it down to a misdemeanor any more. No doubt you feel very pressured, but you don't have all the time in the world to make your decision.Your lawyer is obligated to convey every offer the DA makes to you and give you the up side and the down side of every plea. It's required of him by his state bar, but he doesn't care whether you take a plea or not. Once he tells you his opinion and apprises you of the risks, he will honor your decision and he is professionally bound to give you the best defense of which he is capable.So if you didn't do this, and you want to roll the dice, that's entirely your decision. It doesn't look like the world's strongest case for the state, but no trial is ever a slam-dunk for either side. Yes you have a written statement from the complainant, but who knows how the complainant will come across on the stand at your trial. He's a loose cannon by virtue of not always taking his meds. And you've made an admission, which constitutes a confession. You can backpedal away from it and try to excuse it, but if the jury believes it anyway, you've got a problem. Additionally, if you take the stand, it's almost certain that the jury will learn of your prior assault.So your lawyer isn't misinforming you. He's not telling you to plead though. He's telling you to think and be very very sure that you can live with the potential consequences one way or the other, before you make your decision, because the risks are high and the deal is good.Finally, though I know nothing about your lawyer, I have frequently recommended that customers find themselves a former DA when they are looking for private counsel. They know how the DA's office works. They have contacts when it comes to making good deals. They know how their colleagues think, they have plenty of trial experience, and sometimes, believe it or not, it's quite an advantage for the defense to have an ex-prosecutor at the helm.Hope this gives you some direction.
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