Legal Question in Criminal Law in California

Hello. I have a pending criminal case for grand theft and credit card fraud. i have had 4 pretrials and no offers from the DA. I was informed a pretrial is somewhat like a settlement conference where a deal could be brought forth and made. If the DA has not come forward with any deals, does that mean the DA just wants me to go to jail?

Also, when do I get to tell my side of the story and present my evidence?


Asked on 10/31/09, 7:16 pm

5 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Either side can propose a deal at any time, but neither ever has to. If you want a deal and the prosecutor hasn't offered one, then you should ask your lawyer whether she thinks it's a good idea to make a proposal. And if you don't have a lawyer even at this late stage, get one ASAP.

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Answered on 11/05/09, 7:23 pm
Gary Polston The Law Office of Gary M. Polston

I concur with Mr. Hoffman. You should not be trying to handle this on your own. It should be upon your attorney to work out an offer, if one can be worked out.

Regarding the second part of your question, you have a presumption of innocence and will get to tell your side of the story and present evidence if the case goes to trial.

Good luck on your case

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Answered on 11/05/09, 7:27 pm
Joe Dane Law Office of Joe Dane

Either your attorney has not asked for an offer, awaiting all the discovery and/or to negotiate on your behalf; there have been no offers made for whatever reason or other (DA not ready to discuss, your attorney not ready to discuss, etc) or . . .?

You'll get your chance to "tell your side" when the time is right - and that may not be until trial. I presume you have an attorney. They're in the best position to evaluate your case and advise you. If there have been offers made to you, your attorney is obligated to pass them on to you.

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Answered on 11/05/09, 7:27 pm
Scott Linden Scott H. Linden, Esq.

From a first impression, I am guessing that you are representing yourself or you have a public defender...is this a correct assessment of your situation?

You are correct that the DA can offer a settlement at a pre-trial, but sometimes your legal representative needs to go to the DA and make the first step. This is why it is generally better to have a private attorney rather than a public defender (which is still a better option than representing yourself).

If everything follows how it sounds like it has been, then you will get to present your side of the story at trial.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at MasterCriminalDefense.com

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Answered on 11/05/09, 7:32 pm
Terry A. Nelson Nelson & Lawless

Yep. It is the defense attorney's job to seek and negotiate a plea bargain if possible. The DA is there to convict you. If serious about getting legal counsel to look after your interests, feel free to contact me. .

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Answered on 11/06/09, 3:56 pm


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