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criminal defense procedures plea bargins in GA state for sexual battery cases
Atlanta, GA
Viewed 479 times.
Posted about 1 year ago in Criminal Defense
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criminal:
if a person have been convicted of 25 yrs of aggravated sexual battery does it seems questionable, if the district attorney and judge will offer a plead deal of 10 yrs s
Answers (4)Bert W. Cohen
This attorney is licensed in Georgia.
Posted about 1 year ago.
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Not at all. Plea negotiations are how business gets done in court. In exchange for taking responsibility for the crime, Defendants are frequently offered a lesser sentence. This saves the State and its complaining witnesses the time, expense, and emotional upset (for victim) of having to prepare for trial or testify. This benefits the defendant by having his or her sentence reduced from what it could be following trial. You need an experienced lawyer to assess the strength of the case against the defendant as opposed tot the beneficial value of the State's offer.
Robert Rogers Giannini
This attorney is licensed in Georgia.
Posted about 1 year ago.
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The vast majority of criminal cases are settled by plea deals. The system could not handle all the cases if every case went to trial. Very often the DA will offer to settle a case on a plea deal for less time than they would ask the judge to impose if there was a guilty verdict at trial. I think the most important thing is that the defendant have a good attorney who will look at the close very closely and will explain everything in appropriate detail. You really need to speak directly with an attorney about this.
John M. Kaman
This attorney is licensed in California.
Posted about 1 year ago.
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While the 2 previous answers are right in principle, plea bargaining occur before, not after, a conviction. After all if they convicted you and got 25 years why should they lower the time. If you've stated your facts clearly something does seem wrong. Were you represented by an attorney? Did you actually go to trial?
Carl Santos Cansino
This attorney is licensed in Georgia.
Posted about 1 year ago.
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It is highly unlikely that the DA's office will offer the maximum penalty that the offense usually carries. Otherwise everyone would want a trial and the court's docket would be slam packed with cases.
Usually the DA's office will use the following criteria for making a sentence recommendation: 1. Criminal history of the defendant. (If the defendant has a clean criminal history, the likelihood of a lighter sentence is greater) 2. Input of the victim. This usually works against the defendant, but in some cases, the victim is a family member and they do not want their relative incarcerated) 3. Officer's recommendations. 4. Willingness of the Defendant to accept responsibility for his/her actions. Hope this info above along with the other posts help you. |