Is it better to take a deal before the preliminary hearing?
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?
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 do not know the full details of the case and therefore cannot make a full determination on your case or your answer. I always recommend speaking to an attorney in detail regarding your case.
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
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.
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.