I was hoping to hear from you before composing an answer, but I will address your question now. If I leave out anything that is important to you, just rely here to this question thread to ask your follow up, and I'lll be happy to expand my answer. I have heard many times before that in New Jersey prosecutors are reluctant to make plea offers. What they offer you is what they offer you and there's not much you can do about that. There is no Consitutional right to a favorable plea offer, unfortunately, and if you've got a prosecutor who wants to play hardball, there's not much you can do except try to wear him down. Generally probation is a standard offer for a non-violent
charge such as this with a defendant who has no prior felony convictions. Sometimes, a prosecutor wants jail because he feels he has a very strong case against you and doesn't have to compromise. So he makes an offer that's not much of an offer at all. What he's saying between the lines is "If you want better, get plea from judge or take the case to trial
." If the prosecutor won't budge these are your options. Ask your lawyer whether he feels that the judge would give you straight probation. Judges are fond of saying that they are not rubber stamps for the prosecutor's office. Your judge can give you a non-jail sentence
here even over the prosecutor's objection. So that's one option. The other option is that if you didn't do anything wrong, fight the case, all the way to trial and verdict. Nobody has to take a plea, least of all someone who didn't intentionally commit a crime. If you don't want trial because you don't like your lawyer, or for that matter, if you think that your lawyer isn't doing enough on your behalf, when you're next in court, you can tell your lawyer that you want him to step down and for the judge to appoint you a new public defender. Generally at the beginning of a case when there's a bad attorney/client fit a judge will agree to make one change of counsel. Or -- since the judge will probably only allow the one change -- before you bring this matter to the attention of the judge, you can call your public defender's supervisor and let him know that you feel your attorney is not interested in your case nor is he willing to help you. His supervisor will speak to your attorney and generally, that will make a big difference.