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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
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Answered in 5 minutes by:
3/19/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,381
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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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.

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Customer reply replied 4 months 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.

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Customer reply replied 4 months 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.

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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.

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Customer reply replied 4 months ago
He will be asking for a counter offer
Customer reply replied 4 months 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: 31,381
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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