To Plea bargain or Jury trial

[Karmadude]

What is the name of your state? Alabama
Knowing that Alabama is one of the most screwed up states for drug charges,I ask the following.

1.My step daughter got caught in the wrong house with the wrong guy and the guy admits that she had no particapation in the charges with ** next to them. Does it help?

2.The charges are as follows
A)possession of methamphetamine
B)possession of marijuanna
C)Trafficking in methamphetamine**
D)Manufacturing a controlled substance**
E)possession of marijuanna
F)possession of methamphetamine
G)Manufacturing a controlled substance**
H)possession of methamphetamine
I)possession of marijuanna

3. Heres the plea bargain offered
A)possession of methamphetamine
B)possession of marijuanna
C)Manufacturing a controlled substance
D)possession of methamphetamine

As you can see she has multiple counts against her,cant afford an attorney and the state appointed one is a "explitive"
What are her options?
By Accepting the Plea bargain,
How much Time might she serve?
How long before parole?
And what have I missed other than it looks as though she's pretty much screwed herself up?
Thanks Ahead of time,and forgive if i posted in the wrong place......
KD

 

[seniorjudge]

What is the name of your state? Alabama
Knowing that Alabama is one of the most screwed up states for drug charges,I ask the following.

1.My step daughter got caught in the wrong house with the wrong guy and the guy admits that she had no particapation in the charges with ** next to them. Does it help?

2.The charges are as follows
A)possession of methamphetamine
B)possession of marijuanna
C)Trafficking in methamphetamine
D)Manufacturing a controlled substance
E)possession of marijuanna
F)possession of methamphetamine
G)Manufacturing a controlled substance
H)possession of methamphetamine
I)possession of marijuanna

3. Heres the plea bargain offered
A)possession of methamphetamine
B)possession of marijuanna
C)Manufacturing a controlled substance
D)possession of methamphetamine

As you can see she has multiple counts against her,cant afford an attorney and the state appointed one is a "explitive"
What are her options?
By Accepting the Plea bargain,
How much Time might she serve?
How long before parole?
And what have I missed other than it looks as though she's pretty much screwed herself up?
Thanks Ahead of time,and forgive if i posted in the wrong place......
KD

My personal (not legal) opinion: I would never trust my fate to a jury.



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[Karmadude]

forgot to mention

She didnt make bond,,,dont have $250,000 So she sits until trial,,,6 months probably..
Also I realize that state appointed attornies are doing what the can,but when he wont even talk to the family..thats BS

KD

 

[seniorjudge]

She didnt make bond,,,dont have $250,000 So she sits until trial,,,6 months probably..
Also I realize that state appointed attornies are doing what the can,but when he wont even talk to the family..thats BS

KD

Also I realize that state appointed attornies are doing what the can,but when he wont even talk to the family..thats BS

Wrong. If he took time to talk to the families of all his clients, he wouldn't have time for anything else.

 

[Karmadude]

Also I realize that state appointed attornies are doing what the can,but when he wont even talk to the family..thats BS

Wrong. If he took time to talk to the families of all his clients, he wouldn't have time for anything else.

Then how is the family to know anything,During the indictment we were not even allowed in the court room,The only info we can get is the 3 minute phone call once every two weeks and the illegible handwriting of my stepdaughter.
I'm sorry, but I'm at my wits end
KD

 

[outonbail]

Then how is the family to know anything,During the indictment we were not even allowed in the court room,The only info we can get is the 3 minute phone call once every two weeks and the illegible handwriting of my stepdaughter.
I'm sorry, but I'm at my wits end
KD

There is no law, which states the family of an adult defendant needs to know anything about an ongoing case.

Your stepdaughter is an adult, she has to suffer the consequences of her actions just like an adult and go before the court to answer to her charges just like an adult.

If she wants you to be kept current on all the details, she is the one who has to make contact and provide you with this information. Most often by collect phone calls or by writing letters. If her handwriting is so bad that you can't understand it, this would be good practice for her to improve her penmanship, as she hasn't much else to do while she's locked up and waiting for trial.

The only other way is if you were to hire her a criminal law attorney. Then she could give them permission to keep you updated and answer all of your questions, which they will gladly do at their going hourly rate.

Either way, you may as well not drive yourselves insane worrying about what may or may not happen with her, as it is out of your hands at this point. She knew what she was getting herself into when she kept the kind of company that got her involved with all this and now she is suffering the consequences of her actions. Unfortunately the lesson she will learn will be a harsh one due to the severity of the charges against her.

Just because her boyfriend states she didn't have any knowledge of the manufacturing and trafficking of the drug, doesn't make it so, or translate to the DA or prosecutors believing his statement. In fact, don't be surprised to discover that the prosecution has proof of her making a sale to an undercover, or being present when one was made, or that she has purchased chemicals or glassware in her name. This is often the case when these meth cooks/dealers lure gullible young girls into their escapades once they're hooked on meth, it happens continuously in the illegal drug world.

If she has no prior criminal record, she's probably still looking at three to five years in actual custody, so start preparing yourselves for this reality now!

 

[Karmadude]

There is no law, which states the family of an adult defendant needs to know anything about an ongoing case.

Your stepdaughter is an adult, she has to suffer the consequences of her actions just like an adult and go before the court to answer to her charges just like an adult.

If she wants you to be kept current on all the details, she is the one who has to make contact and provide you with this information. Most often by collect phone calls or by writing letters. If her handwriting is so bad that you can't understand it, this would be good practice for her to improve her penmanship, as she hasn't much else to do while she's locked up and waiting for trial.

The only other way is if you were to hire her a criminal law attorney. Then she could give them permission to keep you updated and answer all of your questions, which they will gladly do at their going hourly rate.

Either way, you may as well not drive yourselves insane worrying about what may or may not happen with her, as it is out of your hands at this point. She knew what she was getting herself into when she kept the kind of company that got her involved with all this and now she is suffering the consequences of her actions. Unfortunately the lesson she will learn will be a harsh one due to the severity of the charges against her.

Just because her boyfriend states she didn't have any knowledge of the manufacturing and trafficking of the drug, doesn't make it so, or translate to the DA or prosecutors believing his statement. In fact, don't be surprised to discover that the prosecution has proof of her making a sale to an undercover, or being present when one was made, or that she has purchased chemicals or glassware in her name. This is often the case when these meth cooks/dealers lure gullible young girls into their escapades once they're hooked on meth, it happens continuously in the illegal drug world.

If she has no prior criminal record, she's probably still looking at three to five years in actual custody, so start preparing yourselves for this reality now!

Thank You!! Your reply is most helpful and to the point(and very informational)
Never having had to deal with the courts outside the occasional speeding ticket,This is most eye opening and the reality of it is very hard to swallow,but she did the crime and now must pay for it. It's a hard lesson to learn,But I pray she learns it well.
Again ,Thank You for opening the eyes of the blind.
KD

 

[WhatsTheMatter]

This happen to alot of teenager
my adivse is to Get a public offender and go get your daughter a drug test of all the charge listed, and plead not guilty because she was at the wrong place and was at the wrong time... if your daughter ever was found guilty of the crime, if that was her first offense she will probably have 3year supervised probation, and be sure to show the judge her report card and how well she is doing in school, IT WILL HELP!

 

[outonbail]

This happen to alot of teenager
my adivse is to Get a public offender and go get your daughter a drug test of all the charge listed, and plead not guilty because she was at the wrong place and was at the wrong time... if your daughter ever was found guilty of the crime, if that was her first offense she will probably have 3year supervised probation, and be sure to show the judge her report card and how well she is doing in school, IT WILL HELP!

ROTFLMAO!!

 

[weenor]

What is the name of your state? Alabama
Knowing that Alabama is one of the most screwed up states for drug charges,I ask the following.

1.My step daughter got caught in the wrong house with the wrong guy and the guy admits that she had no particapation in the charges with ** next to them. Does it help?

2.The charges are as follows
A)possession of methamphetamine
B)possession of marijuanna
C)Trafficking in methamphetamine**
D)Manufacturing a controlled substance**
E)possession of marijuanna
F)possession of methamphetamine
G)Manufacturing a controlled substance**
H)possession of methamphetamine
I)possession of marijuanna

3. Heres the plea bargain offered
A)possession of methamphetamine
B)possession of marijuanna
C)Manufacturing a controlled substance
D)possession of methamphetamine

As you can see she has multiple counts against her,cant afford an attorney and the state appointed one is a "explitive"
What are her options?
By Accepting the Plea bargain,
How much Time might she serve?
How long before parole?
And what have I missed other than it looks as though she's pretty much screwed herself up?
Thanks Ahead of time,and forgive if i posted in the wrong place......
KD

I will add to the other opinions that quite honestly you need to hire a good defense lawyer. I have seen cases similar to this in severity where the defendant has received deferred prosecution time served (time served before trial) . There's at least one case I know of in Walker County. Of course we don't know all of the facts and circumstances of her arrest or of any mitigating factors, but I would not trust a PD with her life.

 

[weenor]

This happen to alot of teenager
my adivse is to Get a public offender and go get your daughter a drug test of all the charge listed, and plead not guilty because she was at the wrong place and was at the wrong time... if your daughter ever was found guilty of the crime, if that was her first offense she will probably have 3year supervised probation, and be sure to show the judge her report card and how well she is doing in school, IT WILL HELP!

This is the dumbest thing I've read in quite some time.

 

[outonbail]

This is the dumbest thing I've read in quite some time.

Needless to say, your not the only one who arrived at this conclusion,,,,,, even still,,, I fell out of my chair when I got to the part about the report card,,,,,,,,

 

[Shay-Pari'e]

https://forum.freeadvice.com/showthread.php?t=321830

He is sharing his dumbness here as well.

What is a public offender?

 

[CHUCKS]

Well Said

My personal (not legal) opinion: I would never trust my fate to a jury.



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

WELL SAID SENIOR JUDGE ( VERY WELL PUT) . I DON´T KNOW THOUGH. A JURY OVER A JUDGE. DEPENDS ON WHO THE JUDGE IS. DEPENDS ON A LOT . THERE IS A LOT OF PRICK JUDGES OUT THERE THAT DON'T EVEN DESERVE TO BE A SPECTATOR IN A COURT. ROOM.

 

[steveatx]

What is a public offender?[/I][/B]

IAAL......