Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

Ive been dealing with an individual for 8 years who suffers

Customer Question
I've been dealing with an...
I've been dealing with an individual for 8 years who suffers from depression and paranoid schizofrania. He's been off his meds for about 2 months. well on 8/14/13 he calls the state police stating I tried to run him over with my vehicle. I'm being charged with aggravated assault, simple assault recklessly endangering another person and harassment-subject other to physical contact. Of coarse I did not attempt to run him over. when the police came to the house the individual was so out of control that I just said yeah because I did not want him to get in trouble, needless to say now I 'm in trouble. The district attorney and the public defender told if I plead to the simple assault they will give me probation. They both went on to explain that to find me guilty. I did not give a written statement and the individual that made the initial complaint has since been back on his meds and has given the public defender a statement of his mental illness but my public defender is not moved by it. The public defender went on to say because of a prior assault in 2001 he doubts it will change anything. I can't afford an attorney and there is only one public defender who by the way use to be the district attorney. unfortunately for me. My question is Is what was told to me true and if not what can I do.
Submitted: 4 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 1 hour by:
9/20/2013
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 4 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,730
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

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.

Ask Your Own Criminal Law Question
Customer reply replied 4 years ago

 


 


thank you

Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 4 years ago
You're very welcome.

This kind of a decision is the worst in the world to have to make. You have to choose between two very unpleasant alternatives. But you know yourself best. So you have to ask yourself which choice would cause you to kick yourself more at some point down the road if it goes against you.

I wish you the best of luck!
Ask Your Own Criminal Law Question
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,730
28,730 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
My girlfriend was charged with a criminal offense and is
My girlfriend was charged with a criminal offense and is using the local version of the "Public Defender" as her attorney. This particular case is a misdemeanor, but it relates to a felony conviction … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
I got charged with a misdemeanor possesion of drug
i got charged with a misdemeanor possesion of drug paraphernalia. I got it dismissed. how hard is it to get it explunged in illinoise and how long does it take?i … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Is corruption of a minor a misdemeanor or a felony?
Is corruption of a minor a misdemeanor or a felony? … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,730 satisfied customers
My son is scheduled to have a pre-trial hearing tomorrow
My son is scheduled to have a pre-trial hearing tomorrow morning at 8:00 AM what should he expect? Does he need a lawyer present? They say if he does not show they will put a warrant out for his arres… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,343 satisfied customers
Sure - my bf lost his criminal trial on Wed and was
Sure - my bf lost his criminal trial on Wed and was convicted of two felony charges. At the end, the judge remanded him to custody for knowing/willful violation of his probation terms (for a civil dvr… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
I was charged with possession of marijuana misdemeanor
Okay I was charged with possession of marijuana misdemeanor possession of paraphernalia misdemeanor two counts of child endangerment misdemeanor what is worse … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
It began with a misdemeanor d.u.i. in Nevada 2011, no
Hello it began with a misdemeanor d.u.i. in Nevada 2011, no accident,non violent, non drug. Because of policy change in 2010 my charge was changed to a felony in 2012.I am dual citizen with now a curr… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,810 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,730 satisfied customers
I live in Michigan. Can I file a criminal complaint for
I live in Michigan. Can I file a criminal complaint for usury? I was charged 60% interest on a 20k personal loan from a private individual. During a court hearing in which the plaintive was sueing me … read more
Thelawman2
Thelawman2
Doctoral Degree
1,295 satisfied customers
I am looking to see if a charge of first degree reckless
I am looking to see if a charge of first degree reckless endangerment can be used if the criminal was on acid and drinking … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,810 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,730 satisfied customers
If a person files a criminal complaint (based on written
if a person files a criminal complaint (based on written evidence which supports the facts of the complaint), can they be sued for defamation per se?In this situation, the accused person published (on… read more
Expert James
Expert James
Doctoral Degree
11,707 satisfied customers
In ny state if someone is charged with a misdemeanor, and
in ny state if someone is charged with a misdemeanor, and they plead not guilt. are they entitled to a trial by jury?… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,862 satisfied customers
In Texas, in a Class Misdemeanor criminal case where the
In Texas , in a Class B Misdemeanor criminal case where the defendant is representing themselves.Is it correct that the defendant can request from the DA any offense reports, any designated documents,… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Is the filing of a criminal complaint defamation if the
Is the filing of a criminal complaint defamation if the prosecutor decides not to press charges against the person who was named in the criminal complaint? Also considering that the criminal complaint… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,730 satisfied customers
Originally a Phoenix Municipal Criminal misdemeanor, I was
Originally a Phoenix Municipal Criminal misdemeanor, I was convicted at trial. Sent case to Superior Court of Arizona. Appeal was affirmed. Now I would like to raise an Ineffective Assistance of Couns… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,730 satisfied customers
Criminal (murder) trial in progress in San Diego. My
Criminal (murder) trial in progress in San Diego. My daughter lives in Kansas. The paralegal for the DA sent her an email "subpoena" - must she attend? California Penal Code 1330 seems to rule out the… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I was charged with first degree misdemeanor, this was the
i was charged with first degree misdemeanor, this was the first time this has ever happened, i just wanted to know what my next step is … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,730 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x