Someone I know was charged arson class b felony 2. He did not post bail.8 probable cause charges arson(neighborhood was being hit),9th charge was arson,he was burning leaves in bag,as he always does after cleanup of yard(part of his job on property).He is given the choice to take the plea bargain,13 months,or go to trial.Public Defender is being given.....My questions are ..What will happen to him if it's proven that he did not do the 8 probable cause charges of arson but guilty of the burning of garbage?Why a plea bargain of 13 months,if they thought he was guilty?Is a plea bargain better than going to trial or worse?
Criminal Defense Attorney
If your friend doesnt has questions about his case, he should ask those questions of his attorney. The attorney is obligated to answer those questions. In the end, the choice of whether to go to trial or take a plea is your friend's and his alone - NO ONE can make him say he is guilty if he doesnt want to.
Most criminal cases in the US are resolved by guilty pleas or dismissals. Typically, the plea offer made by the state is better than the possible result of being convicted after a trial. The prosecutor, in theory, makes an offer based on what s/he thinks is fair, based on the evidence the police have collected and whatever information the defense attorney has presented. It may be that in this situation, the state feels it has a strong case that your friend was involved in at least one count of arson. (Burning garbage sounds more like reckless burning than arson.) Only your friend can decide if a plea bargain is better than going to trial.
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