Legal Question in Criminal Law in Arizona

my bf received summons to appear on a direct complaint filed charging him with sales and/or transportation of a dang. drug. The police report said that an det. and a cri came to his house and bought $550 worth of meth from him. i forgot to m ention that the bills used were all recorded before the purchse. the complaint said that the det. handed my bf the money and that my bf handed 12.9 grams of meth in the front yard of his house. the incident supposedly took place in march of 2011. he has retained an crim def attorney for $6800 dollars. now my question is he was never arrested on this charge nor was he ever informed of being investigated. his initial appearance was after charges were filed. his attorney had him waive his preliminary hearing and he was released to pretrial srvs. now his attorney wants him to sign a plea for 2.5 yrs in DOC. for something he didnt do. bcuz of his priors drug convictions if he took it too trial the jury would likely find him guilty bcuz of his prior felony drug convictions so we feel that his attorney hasnt even tried to build any kind defense for this case bcuz of the investigation report the det. filed. the attorney says that if he takes it to trial and looses he is looking at 10-23 yrs in prison. The plea offered is class 4 felony w/no priors..insteasd of class 2 felony with 3 priors felonies his sentence would be 2.5 years in prison . Any suggestions for our situation would help. The court system cannot possibly feel they are fulfilling justice by sending innocent people to prison, it is wrong and somebody needs to do something to stop it. My bf signed it just bcuz 2.5yrsw is a;lot less than 10 yrs. but the way the plea agreement was presented to him scared him into signing a plea for something he didnt do. he was told that his past will come back bite him uin the ass if he takes it to trial. PLZ HELP!! Tomorrow 5/17/2012 is his pretrial conf. and i need info on what we could or should do. The police never raided his house to retrieve the buy money nor did they ever interrogate him on anything.

Asked on 5/16/12, 8:30 pm

Joyce Johnson-Stovall Johnson Stovall and Associates PLLC

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He has an attorney and should consult with his attorney. You cannot get legal advice for him through the internet.

Answered on 5/18/12, 6:01 am

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