They gave me the option to leave it up to the judge instead of suggesting 6 months. Do u think its smarter to leave it up to the judge, or have the DA suggest time?
Criminal Defense Attorney
Only your attorney can advise you on your options. The response depends on the Judge's temperament and practice. If you trust your attorney's advice, follow it. Otherwise consider seeking another counsel.
Legal disclaimer: The response to this inquiry is for informational purposes only, and is expressly not legal advice. This information is not intended to create, and receipt of it does not constitute under any interpretation, an Attorney-Client relationship. Readers should not act upon this advice without seeking advice from competent professional legal advisers.
This is a HEAVILY fact-specific question. No one can give you a decent answer without knowing more about your case including but not limited to who the judge is, who the prosecutor is, who your attorney is, the facts of the case, your criminal history, and any aggravating or mitigating facts. You should get an attorney if you don't already have one and then provide your attorney with as much information as you can so that the attorney can put your best foot forward in court. You are looking at losing months or possibly more of your life; get the best help you can afford.
Please note the information provided does not constitute legal advice and no attorney/client relationship is created by any questions or answers or legal guides posted on Avvo.com. Never make any important legal decisions without consulting an attorney.
3 lawyers agree
DUI / DWI Attorney
As I generally do, I agree with Attorney Passe.
I write to point out you should not post any specifics about your case online. Anything posted online may be used against you in court.
Also, no matter what, the sentence is up to the judge. Regardless of whether you and the prosecutor agree on the sentence, the judge has the final say.
And OMG, please get an attorney if you do not have one. Most initial consultations are free. So, you have nothing to lose at first. If you cannot afford a private attorney, contact the local public defender's office. If you do not qualify for public defender assistance, then ask the court to appoint a low cost attorney to your case.
Final thought: Withdrawing your plea is much easier before sentencing (although, still not a given) than it is after sentencing.