I am likely facing a possession with intent to deliver charge. I was set up on a sale of a small amount of marijuana. (Less than a half ounce.)
I hear a lot of prosecutors are usually willing to offer a lesser charge simply for the reason that they have 'bigger fish' that require their resources. Is it common for a charge like this to be reduced to a misdemeanor?
Also, what role does a defendant's compliance with supervised bail have? Would they be more likely to get the desired charge reduction if they comply with the drug testing 100%?
Q: Is it common for a charge like this to be reduced to a misdemeanor?
A: No. Charges do not magically disappear or get reduced. Unless there is either insufficient proof or if the police have exceeded their mandate the only way that charges go away with the assistance of a skilled and experienced criminal defense lawyer who tirelessly efforts on your behalf.
Q: What role does a defendant's compliance with supervised bail have?
A: Apart from permitting you to remain out of jail pending resolution of your case, nothing. You do not get brownie points / extra credit for doing what you are obligated to do (and not doing that which you arenot permitted to do) as a condition of bail.
Q: Would they be more likely to get the desired charge reduction if they comply with the drug testing 100%?
A: Again, no.
The only thing that is going to help you is hiring a skilled and experienced criminal defense lawyer.
You may or may not enjoy viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges in your unique case, I do not know and the forum to find out is NOT on line; rather it is in the sanctity of attorney's offices, where your statements are privileged and cannot be used against you.
The best way for you to get competent advise is going to be to consult with an experienced and local criminal defense lawyer who can follow-up on your information with questions of her/his own, as well as review the police reports and whatever evidence that you may provide and then offer an informed opinion.
My advise: GET OFFLINE (caps intentional) and into a skilled and experienced York, PA area criminal defense lawyer's office. Use the "Find a Lawyer" feature on AVVO to locate proximate lawyers, make an appointment, show up on time, bring whatever evidence, documents or witnesses that you may have, engage in a meaningful face-to-face consultation and get yourself some advise which is legally sound and has been custom tailored as possible to meet your specific reasonable needs in your unique case.
Wishing you luck and hoping that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
Strictly talking plea deals, the prosecutors will not reduce the charge in York County just because " they have bigger fish to fry." Now, that said, there are absolutely ways to fix this type of charge and potentially get it not only dismissed entirely, but also expunged. This will not happen just because the prosecutor doesn't care. I promise you, they very much will care. It is highly important in matters like this, especially because you are facing a felony, to be very proactive in your approach and do so early. I would highly recommend hiring local York County Counsel who will know the lay of the land and specifically what steps need to be taken in order to achieve the absolute best result at the end of your case. Regarding supervised the bail, if this is followed to the tee, with not only clean drug test but also absolutely no other violations of any kind, in York County this can benefit you from an offer perspective. Your attorney will be able to best utilize this to maximize the effect of those benefits.
If you are "likely" facing drug-trafficking charges, then you 'likely' need the help of an experienced criminal defense attorney. Pose your questions to your attorney and follow his or her advice to the letter. Everything else is a pipe-dream. Good luck.
It all depends on the county, the DA, and the drugs. Some counties offer no pleas for certain drugs because they are taking a "tough on crime stance." Depending on if you have any prior crimes, i.e. are you Scarface, will also play a factor. You can always ask, but an experienced attorney knows what evidence will be admissible at trial, and how to bargain in that county.
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