Is it better to take a deal before the preliminary hearing?

Asked almost 2 years ago - Los Angeles, CA

I am debating whether to take my deal of no jail and felony probation before we do the preliminary hearing. My public defender says the offer offer could get worse once the preliminary hearing is done. I don't understand why?

Attorney answers (4)

  1. Elliot Rahmim Zarabi

    Pro

    Contributor Level 18

    10

    Lawyers agree

    Answered . It depends in how preliminary hearing goes. If it goes well but you're still held to answer, the DA may see the issues in your case and make a much better offer. The other thing is, at Prelim you may do horrible and the offer could get worse. Your Attorney knows best though, so, if I were you, I would have a conversation with him and make an informed decision together.

    Elliot Zarabi www.FreeCriminalConsultation.com 213-612-7720 This answer does not constitute full legal advise. I... more
  2. Michael Joseph Aed

    Contributor Level 8

    8

    Lawyers agree

    Answered . In many jurisdictions, the prosecutor and judge make the "best" offers prior to preliminary hearing. The reason for this policy is to promote early resolution without need to present evidence and witnesses. Depending on the facts of each case, early resolution may be most appropriate. You need to evaluate your situation with your lawyer, analyze the strengths and weaknesses of your defense, and make an educated decision regarding settlement. Ultimately, the call is yours.

  3. Joseph Salvatore Farina

    Contributor Level 18

    6

    Lawyers agree

    Answered . It's simple really. If you actually make the DA's office work, then they get angry and vindictive. All kidding aside, in some counties, early resolution offers are made to try and resolve cases. If every single case went to preliminary hearing, the DA's office would be overwhelmed. That happened in Sacramento years ago when the PD refused to settle any case in front of a certain judge. The DA's office was having trouble handling all the hearings, so the judge in question was told to start settling cases or else. So sometimes better offers are made at the start. But that is not always true, so you really need to discuss the situation with your attorney.

  4. Patrick Owen Earl

    Pro

    Contributor Level 18

    7

    Lawyers agree

    Answered . Listen to your attorney. If you have questions make sure that he/she listens to you and you spill your guts about what you want and what happened. THEN LISTEN TO HIS/HER and understand what you options are. I mean listen. Know your options and then think about them and make a decision to settle or move on. Good Luck

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