criminal defense procedures plea bargins in GA state

criminal - if a person have been convicted of 25 yrs of aggravated sexual battery does it seems questionable, if the district attorney and judge ...
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Answers (2)

Trey E. Phillips

Trey E. Phillips

Contributor Level 6
Please repost your question, I'm glad to help but don't quite understand what your question is. Specifically please clarify:

1) Has the person been convicted by a jury?
2) Has the person been sentenced?

Also - when was the trial? Certain rights expire after certain periods of time, so a person charged or convicted might have certain deadlines to meet to protect their rights.

You should always consult an attorney to discuss the specifics of your case. This is a general answer that does not take into account the specifics that may be peculiar to your case.
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Carl Santos Cansino

Carl Santos Cansino

Contributor Level 5
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.
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