Legal Question in Criminal Law in Michigan
Crack Possession
My Husband has been charged with felony possession under 25 grams. He has a court appointed atty. that has waived every appearance until the trial. He has not been offered a plea deal yet. At what point would he be offered a plea? We have less than 45 days until trial and he is so far pleading not guilty. Should we hire an atty? We can't reallly afford one which is why we went with the court appointed one. How do you go about getting a plea deal?
2 Answers from Attorneys
Re: Crack Possession
You should always hire an attorney rather than get a court appointed attorney. Sometimes they don't offer plea deals at all on cases. It depends on many factors like his record, the prosecutor, the court he's in etc.... Call me for help 5862851700
Re: Crack Possession
What deal is he looking for? Has his attorney approached the prosecutor with something the defenant would plead to?
The prosecutor doesn't have to make the first move, and there is no constitutional right to GET a plea bargain offer in every case. If the defendant has a bad prior record, or the facts are bad, or the facts make it a slam dunk case, etc., a plea offer may not be made by the People.
The defendant needs to meet with his attorney to review how they want to resolve the case, and how to try to make that happen. At that point, the defense attorney ought to talk to the prosecutor handling the case, even informally or over the phone or extend a defense offer in a letter.
If the appointed attorney can't/won't make these accomodations, then ask the judge for another appointed attorney ... or hire an attorney. but there's no guarantee that a for-hire attorney will get a better deal than an appointed attorney.
You cannot force the prosecutor to make an offer ... but many judges want to see the prosecutor make some offer re: the charges or a position on the sentence.
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