Does the defendant only have 30 days to accept the offered plea? His assigned public defender was not present so State calendered trial date 2 months from now. State offered a plea, but I had heard from someone that the plea offer only lats 30 days. Is that correct?
There's no standard duration for plea offers. But, I would suggest that the defendant talk with his attorney asap.
Andrew M. Bonderud, Esq. -- Licensed in FL & TN; The Bonderud Law Firm ,P.A. Office: 904-438-8082 Andrew's posting here is not to be considered legal advice nor does an attorney-client relationship exist.
Lawsuit / Dispute Attorney
You can meet with the prosecution at any time and discuss a plea bargain, but some prosecutors will not accept a plea if it is after the trial began or even 30 days before trial starts. In many state and federal courts it totally depends on the prosecutor and how he or she proceeds.
Always listen to non-attorneys about what the law is and what is standard. They obviously know far more than any criminal defense attorneys. It is not correct. In my opinion, the arraignment is not the time to accept any offers, unless they are the deal of the century.
R. Jason de Groot, Esq.,
As a criminal defense attorney practicing for over 25 years, in my experience, the best plea offer is not the one offered at arraignment.
There is no rule that a plea bargain lasts only 30 days. It is usually in the state's best interest to offer you a plea offer, it may or may not be in your best interest to accept one and it may not even be a bargain.
Talk to your lawyer, plan a strategy and. fully investigate and prepare your case as if it were going to trial. Don't let the state or anyone else intimidate you into taking a plea bargain prematurely. It may not be your best move.
Good luck with your case,
The information provided is not legal advice. There is no attorney client privilege created in this communication. Do not send questions which are confidential in nature by either this venue or via email. Personal question should be asked in person or via telephonic conference only. You should only ask theoretical questions of a general nature. For more information, contact attorney Albert Quirantes's or Ticket Law Center, A Miami, Florida criminal defense law firm at 305-644-1800.
There is no set rule. With the assistance of an attorney, you can often get a plea offer better than what was offered at arraignment. Best of luck to you.
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Criminal Defense Attorney
There is no rule that says you have 30 days to accept a plea. The State prosecutor would like all accused persons to accept a plea offer at arraignment. If they get a quick plea at arraignment, then they do not have to do any real work on the case and a disposition occurs making their clearance statistics look good. There are some prosecutors who offer pleas at the first appearance on misdemeanors for the same quick disposition reasons. Accepting a plea offer at arraignment is rarely a good idea. I suggest you consult an experienced criminal defense attorney to discuss your options. Find out what evidence exists, and just as importantly, what evidence does not exist, with the assistance of an attorney before making any decisions
These comments are not to be construed as legal advice and are not attorney-client privileged. I suggest you contact the attorney of your choice for consultation. Stan Peacock, www.stanpeacocklaw.com
NO set time for period of time that the Plea has to be accepted. However, at times State Attorney can say that they will keep plea offer for a period of time to allow the Defendant to think matters through, confer with counsel and review the evidence on his/her particular case. You should definitely confer with defense counsel on this matter. I and others here on AVVO offer free inital consultation to discuss cases.
Contact an attorney.