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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27706
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Is there any way to get out of a simutanious meth and firearm

Customer Question

Is there any way to get out of a simutanious meth and firearm charge?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.
Hello jacustomer,

Every now and again there comes a case where the prosecutor feels so strongly about getting a conviction, that he refuses to make any kind of a viable offer. One cannot make the prosecutor bargiain if he does not want to. Your ex has a fundamental right to a trial, but not to a favorable plea bargain. So he has three choices: 1) the first is to take the plea that the prosecutor is offering, (or see if he can get a better one from the judge). 2) the second would be to fight the case all the way to trial. If the meth was planted on him, he'll get a hearing on that issue and maybe the meth charge could ultimately take care of itself. 3) the third way is to stall When I've been in a situation like this and my client wants a deal but the DA won't budge, I move the case towards trial and wait. I've found if you drag the case out long enough, the prosecutor usually finds another case that catches his interest and that he really wants to try. So he'll propose the better offer just to clear this old one off of his desk. By then he may be willing to let him plead to the one charge and just drop the other.

Otherwise, like I have said, if he wants to try this case, he will eventually be granted hearings which will look into the constitutionality of the police behavior with regard to the search and seizure and the arrest. Though they are hard to win, they are not impossible. If as a result of these hearings, it was found that his rights were violated, evidence could be suppressed (would not be usable at trial).