Legal Question in Criminal Law in California
what does it mean if the D.A gives my husband a choice he gives him a "deal" or the choice to go to trial?
2 Answers from Attorneys
It means your husband can either (1) waive his right to trial and accept the D.A.'s offer, or (2) go to trial and risk a worse outcome. If he elects option #2 the D.A. might make a better offer later, but there is no reason to presume that he will.
Your husband also has the option of negotiating with the D.A. for a better deal, but he should not try this on his own. If he doesn't already have a lawyer, he needs to get one right away.
This is what's known as plea bargaining. The DA agrees to dismiss some charges or a lesser sentence if the defendant pleads guilty to some charges. If the defendant rejects the offer and is convicted at trial, he could get more time.
In an extreme case, a person charged with murder might agree to spend the rest of his life in prison to avoid the death penalty.
Your husband can help your husband weigh the benefit of the DA's offer against the risk of losing at trial.
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Effective date of penal code 12022.6a2 being changed from $150,000 to $195,000 Asked 9/30/09, 4:22 pm in United States California Criminal Law