Murder case negotiations are very fact specific. The DA is concerned about his/her ability to prove their case. The best approach is a thorough investigation of the matter to ferret out any weaknesses from which to bargain. The Public Defenders Office has good investigators, and murder cases are priority cases for them. I do not know how far onto the process the case is, but given the offers, my guess is that is either a strong DA case, or it is still early. The offers may get better as the matter proceeds.
Yes, a person can ask his PD to negotiate with the DA at any time and submit offers and counteroffers. There is not a form for this. They normally document it by e-mails. You can ask for any plea bargain. The worst that the DA can do is say no. Your friend really needs to rely on his PD. They are extremely experienced and excellent attorneys and it is not for any of us here on Avvo to second guess them. Attempted 1st degree murder and actual second degree murder are the same level of felony. Obviously, the completed murder "sounds" worse than merely an attempt.
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What you are describing is the complicated process of plea bargaining. Often, in the process, the District Attorney makes more than one offer to a defendant. Sometimes the offers go up in charges, fines, and jail time, and sometimes they go down. This depends on the facts of the case, the prosecuting attorney, and the district attorney's office policies.
Your friend's case is a very serious one, and his attorney with the public defender's office is likely very experienced in this process.
You can reach Mark Solomon at (720) 722-2050 for clarifications to any answers here. This is general informational response is based only on the information given. It should not be relied upon without consulting a lawyer and getting a full consultation. This response to the question does not create an attorney-client relationship. This is general informational response is based only on the information given. It should not be relied upon without consulting a lawyer and getting a full consultation. This response to the question does not create an attorney-client relationship. Mark Solomon Criminal Defense Attorney Solomon Law, P.C. 2600 S. Parker Rd, Suite 3-134, Aurora, CO 80014 (720) 722-2050 http://www.solomonesq.com/
Defendants can reject or ask for anything they choose to. The only risk is that what is offered could at any time, be taken off the table. There is not form involved until a plea agreement is reached.