Plea deals/sentences
QUESTION: What should I expect in terms of a plea offer (from the prosecutor) or sentence (from the judge)?
ANSWER: The plea offer and/or sentence is typically a function of a number of different things:
(1) Age of the accused
(2) Age of the victim (if there is a victim)
(3) The criminal record (GCIC) of the accused
(4) The nature of the offense
(5) The quality/experience of the defense attorney
(6) The jurisdiction where the offense occurred (Fulton County is more lenient than Butts County)
(7) How quickly the accused takes responsibility, especially if there are co-defendant against which the accused can testify
(8) The judge hearing the case (some judges hate burglaries, other hate graffiti)
QUESTION: My friend got arrested in GA with two charges: (1) criminal trespass; and (2) entering auto. He broke a car window, took glasses, papers and teddy bear. How bad is this? He has a public defender, any benefits by getting private defender?
ANSWER: Any felony offense is a problem, and entering auto is a felony offense. With no prior record though, he should get probation, with a fine and some community service. The real problem, which the public defender will never address (which most attorneys will not address) is: Why did your friend commit the offenses. Without the answer to why, some other stupid sh#t (breaking into a vehicle to take a teddy bear qualifies as stupid sh#t) will occur, and he will be back in jail with a violation of probation. So it is just as important to understand why he did it, as it is to resolve it.
QUESTION: I have been charged with robbery by intimidation and I had no weapon , just words were said and the owner shot me. How many years could i get?
ANSWER: I know that you had no weapon. Otherwise, you would have been charged with armed robbery. "Just words” are enough to establish a robbery by intimidation. The fact that the owner (person who has right to protect property) shot you means that the owner felt threatened, which may in fact be proof that the owner was intimidated.
The fact that you were shot will probably carries very little weight outside of Fulton County and DeKalb County. The number of years that you will get in prison is dependent upon: (1) are you accepting responsibility and entering a plea, or nutting up and demanding that they put twelve in the box (Identification is not an issue because you got shot); (2) which county are you in; (3) your prior record; (4) the quality of your defense attorney; and (4) the judge hearing your case. You should expect that you are going to prison for a minute.
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Lawrence Lewis, P.C. is a criminal defense law firm focused on educating clients and their families on the criminal justice process, as well as working towards favorable resolution of criminal charges.
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