Legal Question in Criminal Law in Montana

should they plea bargain?

2 friends of mine are each facing 3 misdemeanor counts of resisting arrest, obstructing a peace officer & disorderly conduct. They have been offered a plea of guilty to only the resisting, $450 fine, 6 mo. deferred sentence w/ dismissal on completion if no further problems. Is this a good deal? Also, are the police required to provide medical attention while they are in jail (only 8 hours)since 1 guy had his nose broken? By the letter of the law they are guilty of all three charges, but what can we do about use of excessive force? We need some help, small fish have a hard time taking on a city police force when the whole city is in each others' pockets!!

Thank you for any advice you can give!

Cara


Asked on 1/05/06, 12:36 am

1 Answer from Attorneys
Mark Sullivan Mark R. Sullivan - Attorney at Law

Re: should they plea bargain?

Resisting arrest is the most serious of the three charges, but a deferred imposition of sentence means that if they behave for six months, that charge will be dismissed. I'm assuming the other charges will be dismissed if they plead guilty. That is a good deal, especially if the City's proof is as good as you say it is. Excessive force, if it is that, and I'm sure the officer would disagree - is a civil matter and outside the area of my practice. Maybe someone else can refer you to an attorney that handles that type of case. Good luck to you and your friends.

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Answered on 1/05/06, 12:56 pm


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