Legal Question in Criminal Law in Michigan
Plea Bargains
My husband was arrested for CSC,4 counts, weapon used last March. each count carrying life sentences. It is evident that the girl is lying. All her statements contradict one another. He was in jail for 6 months because he was considered a flight risk because he has a criminal record. He was released after 6 months on a 30,000 bond (10%). He took a lie detector test and passed it shortly after. When he finally had the preliminary. (AFTER he was released from jail) one of the counts had to be dropped because she didnt even testify to it happening. Actually, she ommitted about 90% of all her statements at prelim. He could actually face 80-120 years for this, but the prosecutor is squeamish about going to trial the end of the month and is trying to offer some plea's...before negotiations he has already offered 18mos-36mos. Infact, he and lawyer went to the judge to see about getting a five year cap to end this. Seeings as how he could face 80-120 years, and is only being offered 18-36mos. doesnt this show that the prosecutor has a weak case? We are worried about taking the chance on a panel of jurists' and him possibly facing the rest of his life in prison for something that he didnt do.
1 Answer from Attorneys
Re: Plea Bargains
There is such a thing as getting a sentencing agreement from the judge before the plea is taken. Then, if after the plea is taken, and a stiffer sentence is ordered, the defendant may retract his plea and start all over again. Sounds to me like he has a lawyer. Why aren't you asking the lawyer these questions?
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