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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26760
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son has a legal issue he has been charged with 5 felonies

Customer Question

My son has a legal issue he has been charged with 5 felonies the case has been going on for a year. He was at a party he got in an argument there was a fist fight he was charged with 2 assaults. He then went to call the police the other was going to call the police and he grabbed the other persons phone threw it and was charged with robbery. He was arrested and was screaming profanities and charged with criminal threats. They want to give him a year in jail. When he was bailed out I found out he was doing drugs in college. Hi checked him into a rehab. He has been clean and sober for 1 year he is doing a two year treatment program, anger mgmt, etc. what can I do to get him to not go to jail. He has a lawyer but it is continuously dragged out. The DA has went from 16 months to a year to 90 days but no resolution. What can I do.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
Sometimes, and this looks like it may be one of them, when a DA seems hell bent on offering a jail sentence to a defendant who is afraid of trying the case, the best strategy is for the defense lawyer to drag out the case until the DA gets involved in another case he becomes more invested in and will finally give the offer that you want in order to clear the old case off of his desk.
Delay is usually a defendant's friend. Here the offer has gone from 16 months in jail to 90 days. Meanwhile, the defendant has not only stayed out of trouble, but he's become increasingly more sympathetic by taking numerous steps to show his accountability and his willingness to help himself.
The lawyer can start pressing hard for a trial, but if it's not clear that 90 days is the final offer here and if your son is not keen on risking conviction after trial, where he could get far more than 16 months of prison, in my experience the lawyer is taking the right approach.