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 Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24007
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
18321761
Type Your Criminal Law Question Here...
Zoey_ JD is online now
A new question is answered every 9 seconds

Need strategy and advice in the plea agreement I was just

Customer Question

Need strategy and advice in the plea agreement I was just offered. My next steps I need to take and possible outcomes .
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Expert:  Zoey_ JD replied 3 months ago.

If so, please provide details. What are you charged with? What is the offer?

Expert:  Zoey_ JD replied 3 months ago.

Just checking in to see if you still need help. If so, please reply here on this question thread.

Customer: replied 3 months ago.
What details would you like I can send the paper work
Expert:  Zoey_ JD replied 3 months ago.

I need the basics:

What are you charged with? What is the offer? What do you want to know about your situation?

Customer: replied 3 months ago.
I'm charged with 2 (m)
Paraphernalia
Small amount of marijuana
And 2 summariesThe plea is
Rs-15 days $100 fine
Rs-6 6 mos. Prob.They dropped the felony I had but I am a felon on state parole I maxed out my 1st part and had an additional year of supervision I was arrested 2 weeks before the max out date so I was incarcerated until that date
Expert:  Zoey_ JD replied 3 months ago.

If I've got this right, you have finished with parole.

Does the plea involve two different sentences that you can choose between before you plea? Is that your question? If not, what is?

Customer: replied 3 months ago.
No I'm not off parole the offers are for a new charge they are trying to give me this is the plea offer
Customer: replied 3 months ago.
I had 22-44 months with 1 year special pRole
Expert:  Zoey_ JD replied 3 months ago.

A plea will likely get you violated, so the misdemeanor plea is the least of your concerns, it seems to me. What does your parole officer say about your plea offer? Sometimes they will tell you what they'd be looking to hit you with for the violation.

Customer: replied 3 months ago.
I don't know I can't afford a violation I'm in college as well I planned in hiring an attorney to help the matter and get a suppression hearing
Expert:  Zoey_ JD replied 3 months ago.

Okay. That sounds like a plan.

No matter what plea you take you're risking a violation. You can fight the case with an attorney and if he can get you an acquittal you wouldn't have to worry about parole. As it is, parole is the big worry, because misdemeanor time won't run consecutive with the state time on the felony charge. You don't have a lot to lose by fighting the case.

Customer: replied 3 months ago.
Is there any plea offer with no time ?
Expert:  Zoey_ JD replied 3 months ago.

Yes. On a misdemeanor, you could always get an offer for straight probation or for a fine. If the DA isn't willing to offer something like that now, you can hold out, move the case to hearings and trial and see if you can get a better offer down the road.

Customer: replied 3 months ago.
what is my best option ?
Customer: replied 3 months ago.
Your saying that I can ask for probation anf that will not violate my parole ? Then what about school and fasfa
Expert:  Zoey_ JD replied 3 months ago.

No. I didn't say that at all. You asked if there was any plea offer you could take that didn't involve jail. There would be such an offer for the misdemeanor, even though there isn't now. What parole will do is another story. The DA can't tell parole what to do. Parole would be more likely to impose a harsher sanction on you if you took a plea already involving time, however.

If you dragged the case out long enough, stayed out of trouble and eventually got the matter down to something where the misdemeanor offer involved no jail, you'd be in better position with parole.

Still, your best option is to hire a lawyer and try to beat the case altogether, particularly if you think you have suppression issues. Then you wouldn't have to worry about parole. As I've said, you don't have much to lose by fighting the case because parole is your biggest problem.

Expert:  Zoey_ JD replied 3 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Customer: replied 3 months ago.
there is no way to go about this without an paid attorney and serve no time
Expert:  Zoey_ JD replied 3 months ago.

That will be up to Parole. If your paid attorney can win your criminal case or get your charges dismissed or reduced to infractions, Parole may not require you to do any time time at all.

You are not in a good situation. The only shot you have at avoiding incarceration would be what I have just said above.

Customer: replied 3 months ago.
with that being said how long can I push it for so I can get money for the attorney I need. Few months they have given me a Public defender
Expert:  Zoey_ JD replied 3 months ago.

A public defender IS a fully credentialed lawyer and one who specializes only in criminal law at that. I'm sure he or she would be fully capable of dragging your case out for quite some time if you tell your lawyer that you want him to. He or she knows that Parole will violate you once you take a plea.

He can keep getting continuances until the judge insists that the matter must go to trial on the next date. How long will that be? That's up to the judge and how crowded his trial calendar is, but several months at least, in my experience.

If I have addressed all of your concerns, please take the time to rate my service to you by selecting 3, 4, or 5 stars, as that is the only way that JustAnswer gives us Experts credit for our work here.

Related Criminal Law Questions