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.
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.
