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tlperez

Junior Member
What is the name of your state? california


can a districtattorney proposition the defendent such as telling me that if you let us keep all the money will give you less time of four months,if you dont , your going to get an extra four months, offered in a deal.
 


gawm

Senior Member
How much money? If it is a lot I would do the extra 4 months. You'll be out before you know it. BTW, the prosecutor does not decide how much time you do, the judge is the one to decide that. The prosecutor only makes a recommendation. What could happen is you let them keep the money, he gives the recommendation that you want and the judge could give you the extra 4 months anyway. Wouldn't that be a kick in the peter?
 

CdwJava

Senior Member
tlperez said:
What is the name of your state? california


can a districtattorney proposition the defendent such as telling me that if you let us keep all the money will give you less time of four months,if you dont , your going to get an extra four months, offered in a deal.
I don't quite understand ... what money? Who wants to keep it?

What exactly is the situation here?

- Carl
 

garrula lingua

Senior Member
If you're talking asset forfeiture, it can be part of a dispo (plea bargain).

In most cases, the Deputy District Attorney decides how much time the defendant does.

If a Judge doesn't like the plea bargain, the case can usu be forwarded to another court, where that Judge will accept the DDA's offer.

The DDA calls the shots, not the Judge in the DISPO of most cases.

The Judge can't change the charge & usu can't 'strike' a strike -- the DDA can.

A DDA can also screw up a Judge's court by setting every case for trial, or by papering that Judge on every case.:D
 

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