Legal Question in Criminal Law in New Mexico

not taking the state's offer

i was charged with controlled or counterfeit substances;distribution prohibited- intentionally distribute or possess withintent to distribute a controlled substance to wit 44.5 pounds of marijuana. i pleaded no contest. The sentence the state offered is 60 days in jail. i did not accecpt. i asked for probation. the judge send me to get evaluted by a probation officer and he put me in jail, because i had 3 warrents for not paying taffic tickets. i did jail time served because i did not have the money to pay the fines. while i was in jail my sentencing was schuled. I was unable to make it because i was in jail. now it is reschudled. the probation officer said he would still recommend probation considering he send me to jail. i have no priors, my question is should i believe the probition officer? or is it really up to the judge on my sentencing? will i do jail time? if the judge does offer jail time can i not accept the sentencing again ? thank you


Asked on 2/23/04, 7:56 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: not taking the state's offer

If you do not have a lawyer, you should. You should not be asking these questions - you should have a plea agreement worked out with the prosecution prior to sentencing. The judge controls sentencing, not the PO. To enter a plea without knowing how you will be sentenced is foolish. Get a lawyer right now.

Read more
Answered on 2/23/04, 8:13 am


Related Questions & Answers

More Criminal Law questions and answers in New Mexico