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Dwayne B.
Dwayne B., Attorney
Category: Legal
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Experience:  Began practicing law in 1992
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I was charged with knowingly possessing stolen copper wire

Customer Question

I was charged with knowingly possessing stolen copper wire when those who brought me the wire never said it was stolen. In police interview, I did say the load of copper wire did not look good and did not look right. Then after selling the copper wire to local scrap yard, one of the persons having me sell his stolen wire made comment; " I am going to lay low for a while".
Police used this information to charge me with knowingly possessing stolen wire. My attorney said this is proof that a jury would convict me on if I want a jury trial. My attorney said it is best for me to plea bargain and not risk the chance of stiffer sentence if found guilty by jury. Would you agree with my attorney ? or do I have recourse for acquittal ?
Submitted: 3 years ago.
Category: Legal
Expert:  Dwayne B. replied 3 years ago.
Of course an acquittal is always possible but a plea bargain is a sure thing. It does sound like the evidence against you is minimal at best, XXXXX XXXXX statement you gave the police is enough for a jury to convict you.

If you can get your attorney to get a "deferred adjudication" then you would seriously want to consider the offer. That is where you get probation but when you complete it the case is dismissed and you don't have a conviction on your record.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27293
Experience: Began practicing law in 1992
Dwayne B. and 8 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
In court, does the judge ask defendent if they have anything to say ? And if this opportunity is given, then what would be a normal thing to say to the judge ?

If given opportunity to speak, what subject matter should be recited ? It seems this is a very important time to say something and if judge is expected to pass some sort sentence then is it right to express thanks to the judge for for his sentence he finds appropriate for a consequence of a crime for which one is being tried for and found guilty. Would it be right to tell the judge " I take full responsibility for that consequence he considers right ?" and that I intend manage myself within that consequence respectfully knowing that the judges decision was best for me ?" Does expressing empathy toward the judge , and everyon associated to court event enable the judge to alter severity of a sentence ? It is like telling the judge I realize I did wrong and I want to make it right by avoiding anything of past that caused involvement in wrong decisions for which I am being tried for in this court.
Expert:  Dwayne B. replied 3 years ago.
There really is no normal thing to say, it depends on what is happening. If it is a plea bargain there usually is a basic script that has been settled on through repetition. It isn't written down anywhere, but it is obvious from the questions what the answer is.

Generally your lawyer will arrange for you to speak if he believes it will help you. However, many times the best thing the defendant can do is not say anything. The old adage is that if it can't help, it can only hurt. If you work out a plea bargain nothing you say will be likely to make the judge lighten the sentence but you can mess it up and make him not agree to it. Generally acceptance of responsibility is a good idea, but follow the lawyer's instructions because it may not be a good idea in your particular case based on the judge, the DA, the deal, etc.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

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Dwayne B.
Dwayne B.
Lawyer
27293 Satisfied Customers
Began practicing law in 1992