Making a deal with states attorney.

[jay.kobi]

What is the name of your state (only U.S. law)? illinois.

Can I make try to make a deal with the states attorney involved in my case outside of court or can this only be done by an attorney?

 

[dave33]

I am not sure what you mean by "outside of court". If you mean will you have an opportunity to talk to the d.a while not in front of the judge, than yes. I would not approach him when it is not your turn to discuss your situation. If you are concerned because nobody has approached you and you do not have a lawyer, than if you are called in front of the judge explain the situation.

 

[jay.kobi]

ok. so what you are saying if i dont get approached to meet the d.a. b4 my turn in front of the judge, i can request to talk to the d.a. in another room? if so, what would be the way to request this to the judge.(exactly what would i ask for?)
thanks

 

[dave33]

I guess I should have asked more questions. When you say states attorney, who do you mean. What I am asking is what court is this in, what is the level of crime or charge? Traffic, civil, misdemeanor or felony. This will make a difference because in some courts (traffic) the judge may just handle things himself.

 

[jay.kobi]

its a misdameanor for phone harrassment which at the time was with my wife. she never went to court so the states attorney took over. she never complained of me calling but lied and said i threatened to kill her with a gun(class 3 felony which was dropped). i put a motion to vacate my guilty plea and would like to talk to states attorney first since there is no complaint of harrasment on my ex wifes part.

 

[CdwJava]

Unless we are talking about a traffic offense, making a deal on your own is NOT a good idea.

Most prosecutors may choose not to even meet with you unless you are represented by counsel because it could cause all sorts of problems ... and you might admit/confess to something you shouldn't.

Consult local counsel before you try to work out a deal for anything but a traffic infraction.

- Carl

 

[dave33]

O.k. I got some more questions. 1st you said the felony was dropped. Than you said you plead guilty. Do you mean the felony got reduced to a misdemeanor than you plead guilty to harassment. So now you are thinking as you look back that since her statement was withdrawn you made a mistake by pleading guilty? So now you put in a motion to vacate and would like to talk to the d.a. before it goes in front of the judge to explain the fact that her statement was withdrawn and you made a mistake? I hope not for your sake, but is this accurate?

 

[jay.kobi]

well i joined the army and i couldnt leave for training with any open court dates. so i took the deal they offered. just got back home. as far as the rest yes ur right. now that i have time for further court dates i can fight it the way i should have. she neverwithdrew a statement. she never made a complaint that i harrassed her by repeated calling or never told me to stop calling. she just lied and said i threatened to kill her with a gun. the state took over the case and dropped the felony and reduced it to phone harassment which yes i plead guilty to close it so i could leave for training.

 

[dave33]

Gotcha. Well I would say you will not have an opportunity to talk to the d.a. Also you should know that your chances are extremely slim. When you plead guilty you gave up your right to appeal. I know this is not an appeal, but you still plead guilty to the crime. I realize she withdrew her statement, but you still plead guilty to the elements of the crime. So basically you confessed to harassment. I have never been to your state, but from my experience I can not see a reason why the judge would vacate. I now understand the situation, the d.a. after making you nervous with the felony news , than says he will drop it to a misd. for a guilty plea. You say yes, so that is basically end of story. You will have your chance to explain your situation to the judge only. I strongly suspect that if you went to the d.a.'s office they would refuse to speak to you. Although anything can happen. I strongly suggest you find some case law of similiar situations (or as close as you can) and be prepared to recite said cases on court day. I highly doubt on the day of court the d.a. will have the time or desire to discuss the situation. Maybe, if you have the time and money you could consult local counsel. I apologize for my mistaken post, I thought it was a different situation. goodluck.