Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My husband was offered 10 years didn't take the offer Case…

My husband was offered 10...
My husband was offered 10 years didn't take the offer
Case is going to trial is there anyway to counter offer or request a new lawyer
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 5 minutes by:
3/19/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,028
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Ask Your Own Criminal Law Question
Customer reply replied 1 month ago
Ok.. Or can i find out what other information the DA has

There is no right to a favorable plea bargain. If your husband doesn't like the offer, he can turn it down and have his lawyer try to get a better offer.

You're not entitled to any information from the DA. Your husband 's lawyer will get the discovery and share that with your husband. What your husband chooses to tell you is up to your husband. Nobody else is going to share this information with you.

If your husband doesn't feel that he and his lawyer are on the same page about his case and he thinks another lawyer may be able to get him a better deal or fight harder for him at trial, he can fire his lawyer and retain a new one.

If the lawyer is a free lawyer, he'll need permission from the judge to remove his lawyer and get another assigned. In my experience, however, if this case is an old one and on the verge of trial, a judge will see a sudden change of counsel as a delaying tactic and deny it.

Ask Your Own Criminal Law Question
Customer reply replied 1 month ago
He has only spoken to his lawyer 2 times in 9 months

If his lawyer hasn't seen or spoken to him in all that time, I don't blame him for wanting a new lawyer. The problem is whether the judge will allow it. Early in the case, when a defendant complains about his lawyer, the judge will allow a change. But if the case is very close to trial, and in all this time the defendant has never complained to the judge about his lawyer, he will look at it as a delaying tactic. He should ask to get his lawyer removed. But in my experience, if it means delaying a trial, the judge will not do it.

Then all he can do is object to it do that if his lawyer does cost him the case at trial, the judge's decision can be reviewed on appeal.

Ask Your Own Criminal Law Question

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.

Ask Your Own Criminal Law Question
Customer reply replied 1 month ago
He will be asking for a counter offer
Customer reply replied 1 month ago
If it's 10 years does it get lowered sometimes and all this time that he has been incarcerated does it count as time served

Any time he spends in jail on this case counts towards the eventual sentence, even the day he was first arrested by the police.

Yes, sometimes the prosecutor will eventually make a lower offer. The offer is entirely at the discretion of the prosecutor. He comes up with his offer based on how he or she feels about the case, how strong he thinks his case is and how invested he is in seeing that the defendant gets a lot of time for the act.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 5 stars on the rating scale, as a rating of okay or better is the only way that JustAnswer will give us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,028
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
Zoey_ JD and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,028
30,028 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 son is in jail awaiting awaiting a preliminary trial for
My son is in jail awaiting awaiting a preliminary trial for Narcotic possession/use, dangerous drug, & paraphernalia. He was given a year of task last year at court and fell off, so the charges are be… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
30,028 satisfied customers
Situation -- jury trial, they return with a guilty verdict.
Situation -- jury trial, they return with a guilty verdict. Defendant absconds just before sentencing. 16 years later the defendant wants to go back and ask for a re-trial. Is there a possibility or h… read more
Bill Attorney
Bill Attorney
law
2,022 satisfied customers
My brother faces a felony sentence. He has dual citizenship.
My brother faces a felony sentence. He has dual citizenship. would be possible to ask for deportation instead of serving sentence ? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
I missed pre trial but talked to them and they reschedule
I missed pre trial but talked to them and they reschedule for the following week can I have a warrant? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
My husband was sentenced back in 1991 and went to prison.
My husband was sentenced back in 1991 and went to prison . When he got out he was told at the time he had to register for 10 years and then when the laws changed he was then put on lifetime … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
30,028 satisfied customers
Thank you once a person is convicted and sentenced to prison
thank you once a person is convicted and sentenced to prison on a plea deal, .. is there any way to change the sentence? … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
30,028 satisfied customers
I was sentenced to jail & need to know if there's anything I
I was sentenced to jail & need to know if there's anything I can do if I feel there's judicial misconduct … read more
Jonathan Holson
Jonathan Holson
JD
69 satisfied customers
In a criminal harassment trial (MA 265; 43A), can the
In a criminal harassment trial (MA 265; 43A), can the defense ask the judge to llicit from the jury what their specific findings were? Conviction requires the finding of 3 separate qualifying incident… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
30,028 satisfied customers
Q: Is it legal for a prosecutor to hold two trials in one
Q: Is it legal for a prosecutor to hold two trials in one for unrelated allegations?Can a defendant criminally charged for "Allegation-A" related to "Legal Issue A" by an AUSA, who is one of six AUSAs… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,864 satisfied customers
If a defendant is indicted and asks for a speedy trial.
If a defendant is indicted and asks for a speedy trial … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
156 satisfied customers
I have questions on criminal trial procedures on charges of
I have questions on criminal trial procedures on charges of sexual battery and assault. Will these questions appear online? … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
30,028 satisfied customers
My husband was sentenced to 30 years and a fine of $25,000.
My husband was sentenced to 30 years and a fine of $25,000. He will complete his 30 years in June. Will he have to pay his fine before they release him from parole? … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
30,028 satisfied customers
If a complaining witness in a battery trial has a history of
If a complaining witness in a sexual battery trial has a history of filing other assault and sexual battery accusations, would that information be prevented from coming into trial because of Florida's… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,335 satisfied customers
I have a nephew that was sentenced to life for burglary
I have a nephew that was sentenced to life for burglary armed w/exp or weapon. He has been in prison for 19 years and don't have a release date. This to me is a true injustice. His public defender did… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If I was sentenced to prison and the jurisdiction I was
If I was sentenced to prison and the jurisdiction I was sentenced in does not have a prison for woman. Am I allowed to go back before my sentencing Judge for a suspended sentence? … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
30,028 satisfied customers
Motion to correct an illegal sentence under rules of the
motion to correct an illegal sentence under rules of the criminal procedure … read more
Ray
Ray
Lawyer
Doctoral Degree
32,108 satisfied customers
What happens in a sentencing hearing? The case specifically
What happens in a sentencing hearing? The case specifically I'm wondering about is a sexual battery case, but maybe all sentencing hearings progress the same way. Do the attorneys speak, then the defe… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,862 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
30,028 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