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Curious : How many times can a plea deal be renegotiated prior to the change of plea date. If I refuse the plea prior to the change date what are my options

Asked about 1 month ago in Criminal Defense

Andrew’s answer: Its funny that you ask this question as I was just talking to a client about it....
There is "street lore" going around that says, more or less, that you will get three offers from the DA and that you should only take the third offer as it will be the best offer. In truth there is no such "rule." Every District Attorney's office in New York State has different plea bargaining policies. For instance, some require that you conduct all your negotiation before indictment, while others allow you to negotiate all the way up to trial and will even talk to you when you have a jury out deliberating. Depending upon the polices and customs of the District Attorney's office where you are being prosecuted, your refusal may have very serious consequences and may result in you being compelled to go to trial or to take a top count plea. In short, you need to consult with an attorney that is familiar with the DA's office that is prosecuting your case.

Good luck,
Andrew Miller

Answered about 1 month ago.

My husband put in writing that upon his demise I cannot do anything without his adult children's permission, can he do that.: Concerning funeral plans and his possessions, such as cars and jewelry.

Asked about 2 months ago in Wills

Andrew’s answer: Its hard to tell from your question - but unless his "wishes" are set forth in the form of a will they need not be followed. Now a will has certain legal requirements - in general its not enough to just write your wishes on a piece of paper and hope for the best. On the other hand, if your husband put forth his wishes in the form of a will then yes he can control how his funeral takes place and the distribution of "his" property. Now that does not mean he can leave you with nothing - there is a spousal share that you can elect to receive and there are also special rules regarding marital residences that may apply. In short, if you have concerns you need to speak with an attorney that specials in this area.

Good Luck
Andrew Miller

Answered about 2 months ago.

I took my case to the Grand Jury and lost. Can my lawyer get the DA to not change the plea I had before I went to the Grand Jury: I was offered a plea deal before I took my case to the Grand Jury and did not take it. I lost my case at the Grand Jury. I want to know can I still get that original plea because I want to take it now.

Asked 2 months ago in Criminal Defense

Andrew’s answer: Well, your attorney can always ask the ADA. However, in Queens they have a long standing policy that they will only offer a plea to the top count after grand jury presentation. Hopefully this was explained to you by your attorney before you went into the grand jury.

Answered 2 months ago.