My buddy Paul was offered a split sentence 25-35 months with the suspended portion to include drug intervention program, Its a class E felony with no previous convictions.Considering he has no previous record is it possible to negotiate no active jail time?
This is a question meant for Paul's lawyer. He will have all the facts and give a much more educated answer. No one on this site will be able to give you an accurate assessment based on a charge and prior history.
It also undermines the lawyer's ability to do his job properly if you go behind his back to try and get second opinions from other lawyers that don't have all the facts.
Paul needs to discuss his options with his attorney. If Paul doesn't feel like his attorney is doing an adequate job of negotiating a good plea offer, then Paul needs to ask his attorney to withdraw from the case and then get a new attorney. Whether the prosecutor is willing to offer a plea offer without jail time is up to the prosecutor. Some prosecutors are stubborn and strict. The best attorney on the planet cannot make a prosecutor do something he or she isn't willing to do, and they can't change the facts of the case. If Paul doesn't like the offer, his only other option is to take his chances at trial. If the evidence against him is strong, he is not going to want to take it to trial and lose. If you lose at trial, the sentence is usually much worse. Additionally, some plea offers include dismissing some of the charges. None of the charges are dropped if you take it to trial.
This communication is for the purposes of general advice only. This communication does not form any contractual obligation on behalf of the Attorney Stephen W. Sawyer or the Law Offices of Stephen W. Sawyer.
A class E level 1 in NC under the current chart could in fact get a probationary sentence. I am not saying the district attorney will offer that, but it is in a box where that option is possible. It could be that the prosecutor reduced a class D with the understanding that an active sentence was to be served. If Paul committed a class E felony, he could ask for an open plea where a judge would decide the punishment.
On a Class E felony conviction, a first offender faces an acting or intermediate sentence of 15-47 months in prison. An intermediate sentence can include a split sentence or a form of special probation.
If he wants to plead guilty to a Class E felony, he needs to hire a good attorney to present all mitigating factors to the judge.
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