I am currently incarcerated on a misdemeanor battery VOP and I would like to know if I hire a lawyer is there a chance my sentence will be reduced. The state is offering me one year in jail. I have already been here two months and I have only seen my PD twice. I have a good job and I would like to keep it. My wife and I got into an altercation and she broke my property so I called the police to have her removed from the residence. I thought I was doing the right thing, but when they cops came, they took her statement first, she lied and said I hit her, and because of my previous charges I was immediately arrested and that has basically screwed me ever since. Im wondering if I hire an attorney is there a good chance I can get my probation reinstated or at least get another bond or something so that I can fight my case from outside of this jail cell.
You have talked to a PD twice in 2 months. Yet you’re asking these questions to AVVO. Sounds like you either don’t have answers or don’t like the answers you got. Right now, doing nothing, you will continue to be locked up. There are no guarantees that you will do better with a private lawyer, but can you do much worse? You must resolve the VOP to get out on the new charge. Alternatively, you could demand speedy trial on the new charge. Talk to your PD or hire a private lawyer. Your life, your choice.
You have no right or entitlement to bond on a VOP and no ethical lawyer is going to promise you that if you hire her/him then you'll be granted a VOP bond.
As to the rest of your question the first thing that you’ve gotta understand is that you have no right to a plea bargain, and the second thing that you need to know is - by it’s very nature - a plea bargain is a negotiated agreement, meaning that both sides are usually gonna have to give up a little something to get themselves a little something, even though in most cases it’s the prosecutor who’s holding all the cards.
While you can’t force a prosecutor to offer you any particular, much less a “better” plea bargain you do have a few options:
1) You can always make a “counter-offer”, and this process can go back and forth as long as both sides are willing to negotiate; 2) You’re always free to bypass the prosecutor and plead straight up to the court; 3) You can build a solid defense (whether based on the evidence or with the use of expert witnesses) and prove your way into a better plea offer; 4) You can proceed to trial; 5) You can try to stall your case until your prosecutor is reassigned and a new one takes over; 6) You can try to go over your prosecutor’s head to her or his supervisor; 7) You can find yourself another lawyer who has a better "relationship" with a hostile prosecutor.
But, at the end of the day, if you’re not willing to either accept the final deal that the prosecutor has put on the table or to plead straight up to the court then you, my friend, are going to trial / VOP.
Wishing you good judgment, luck and hoping that I have been helpful in answering your question.
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Both answers are absolutely correct. Well done.
This is not solicited legal advice and establishes no attorney client privilege between the questioner and Michael M. Stover
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