Legal Question in Criminal Law in California

plea

my roomate and i got into a pushing match, and i was arrested for A&B went too court d.a. said since i was on court probation , if i plea to disturbing the peace no probation violation, and small fine 4 days work program or jail my choice . i insisted to my public pretender that i wanted to go all the way to jury trial , cause if found not guilty no probation violation, d.a. said if i want to go to trial they would give me a min of 90 days, i was under arrest and there was no visual damage to me or other guy, forceing my to take deal., was da. able to do this,


Asked on 10/29/08, 10:28 pm

3 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: plea

The DA can use any leverage or threats to compel you to take the deal. This is how plea bargaining works.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 11/01/08, 12:49 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: plea

Yes. That's how plea-bargaining works -- the prosecutor offers a more lenient outcome if you take the deal than the one you would get if you are convicted at trial. What you describe is perfectly normal.

The fact that "there was no visual damage" to you or your roommate has nothing to do with whether you are guilty of assault and/or battery. The definition of the offense does not include leaving visible wounds.

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Answered on 10/29/08, 10:39 pm
Terry A. Nelson Nelson & Lawless

Re: plea

Duh. That's his job. If you don't take the offered deal and then lose at trial, you can be sentenced up to the 12 months max of a misdemeanor. Did you really think he was blustering and threatening something he couldn't do??

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Answered on 10/30/08, 12:53 pm


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