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If I take a plea, will I be able to see the evidence claimed to been found on me?

Albany, GA |

my public defender show me a recommended plea bargain, but honestly I didn't commit the crime I'm just trying to get my life back on the right track cause I can't pay for the house arrest anymore and i was told ill be locked back up if i don't pay but if i take this plea ill be off house within 3 days of signing the plea, but my biggest concern is will i be able to see the so called "evidence" after i take the plea or will they just be happy they closed a case

Attorney Answers 5

  1. You should ask for a copy of the discovery before "take" any plea offer.

  2. If you take the plea offer then the case is over and you looking at the evidence that they may have then will be a waste of time.

    Darrell B. Reynolds,
    Attorney and Counselor at Law
    2385 Lawrenceville Highway, Ste D
    Decatur, Ga. 30033


  3. I would never advise a client to plea without seeing the state's evidence. True, if you agree to the plea, you have lost your opportunity to see the evidence. I would file motions and seek discovery. Any prosecutor who offers a plea before disclosing his or her evidence and says they will change the offer if they have to disclose discovery, is not for real. Always let an attorney look at it. The attorney may discover that crack in the state's case that either sets you free or allows you leverage in the plea negotiations.

    I hope this helps. Good luck.

  4. I can't imagine why anyone would plea guilty to a crime they did not commit before seeing the evidence against them. Seeing the evidence AFTER the plea does you no good.

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  5. If you DIDN'T commit the crime, why would you enter accept a plea offer? You understand that you would be entering a GUILTY plea to the charge? I understand that there are many reasons to enter a guilty plea - but is not being able to pay feeds a good reason? At the very least if I were in your situation, I would want to see the Discovery (States evidence that I committed the crime) before I made this type of decision. Because you are represented by an attorney I cannot give you any specific advise in your case. But it is a standard practice of criminal defense attorneys to get the discovery in criminal cases and then determine the strengths and weaknesses of the states case before simply accepting a guilty plea offer. If you accept the plea your options to later fight the case are extremely limited! I hope this information is helpful to you.
    Good Luck! George McCranie

    The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.

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