I have never been arrested before. I work full time in a management position and attend college part time. I was offered a short term 96 hours in prison for an m1 terroristic threats charge if I plead guilty. I asked about probation because with work and school I have hardly any free time. They told me I could plead open if Id like so I left the sentencing to the judge. He said the punishment for 1st time of this charge is rs-c which is like probation up to thirty days in jail? What are my chances of jail time? Did I make a mistake not taking the da's offer?
Criminal Defense Attorney
Do you have an attorney? If so, this is a question you should be asking them.
If not, you're trying to negotiate a plea deal without counsel. This is a really bad idea, for precisely the reasons you're now discovering: you don't have any experience with the criminal justice system.
Really, no one here can tell you what's going to happen, or what you should do, without sitting down with you and reading all the case documentation. So you need to find an attorney to do that with you.
This answer does not constitute legal advice and does not establish an attorney-client relationship.
3 lawyers agree
There is not a competent attorney on this forum who would tell you if this is a good deal without reviewing the facts of the case first. You should not, under any circumstances, post personal information about the case on a public forum. The charges you are facing hold serious jail time. As this is your first time, you are probably eligible for diversion programs or probation sentences, but you have no leverage to negotiate without an attorney. Hire counsel NOW to avoid being burned down the road. This is your life, take it seriously.
You need to ask your lawyer this question. There are so many factors that could change your possible sentence it would be impossible for any on this website to competently and adequately answer. I can say that some of the factors that will make a difference are -- your record, your work history, character references, what the district attorney wants, how the alleged victim in your case feels about, and the sentencing tendencies of your particular judge. The tendencies of your particular judge is perhaps the most important factor of all. But you really must talk to the lawyer you have for this case, and if you do not have one, hire one or have one appointed as soon as possible.
2 lawyers agree
State, Local, and Municipal Law Attorney
This really depends on the answers to the following questions: 1) Who is the judge? 2) Who is the DA? and 3) What was actually said in the threat and to whom (is it worse than your "average" terrositic threat?
Criminal Defense Attorney
What you're hearing from the judge is the "standard range" for sentencing in your case. There is a sentencing guideline chart that combines the "offense gravity score" (in your case it is 3) with your "prior record score" (in your case 0). Plugging these two numbers into a chart yields your "standard range" for sentencing - in your case, anything from a probationary sentence to 30 days in jail is considered your "standard range". Be aware that you'll still have probation/parole after you get out of jail, assuming you get jail-time. This "standard range" only addresses incarceration, not overall length of probationary supervision.
Whether or not you should expect to receive jail time for this has much to do with how serious the circumstances of your crime were, what the impact on the victim was, what the "culture" of your county is regarding sentencing (is your jail over-crowded?), and other factors that attorneys on this site can't really give you much information about. That is where having a local defense attorney would be helpful.
You may qualify for the public defender if money is the issue. On the other hand, if avoiding time in jail is worth some $$$ to you, just hire an attorney to work out a plea deal. It shouldn't be impossible to negotiate a recommendation for no jail time, or electronic home monitoring instead of jail, should the judge want to restrict your freedom for a time.
You may even qualify for ARD depending on your county's rules. If you do, it would be a shame for you to go through with sentencing and miss your opportunity to keep your record clean. You really should get an attorney on this one - it could make a big difference.
The information provided in this answer does not constitute legal advice and is not intended to be used as such by either Attorney Pineo or by Pineo Law, LLC. Every client's case is different, and a general synopsis of an area of law can be neither complete in its scope, nor specifically tailored to the unique facts of an individual's case. Therefore, persons in need of legal advice related to a subject discussed in this or any other answer written by Attorney Pineo should contact our office to make an appointment, or contact another attorney who is qualified to practice in this area of law.