please help....need options fast!

[maria1501]

A longtime friend of mine was arrested last December In Camden NJ, She apparently has had problems she kept well hidden from us all, but she was arrested when she bought a ten dollar bag of crack cocaine and panicking when she saw patrol car behind her she fled leading them on a slow speed chase that ended when she abandoned her car and hid in the bushes. she was released on bail the folowing day. She hired an attorney who informed her that the prosecutor had a plea bargain offer, but at the same time also informed her that there was an additional charge of aggrevated assault on a police officer. He claimed that the charge stated that she hit him with her car sending him to the hospital. The plea bargain was if she pled guilty she would get a four year sentence, but would only actually serve about 2 months in jail then probation, she replied that she freely and openly took responibility for the drug charge and alluding charge but that she did not at any time hit a police officer and would not plead to it. She decided at that time to fire her attorney and get a new one, she explained the situation to him and he advised her to take it to trial. A court date was set for late last month for what she was told was the aggravated assault charge only, her lawyer said once they cleared that up she could go for the plea bargain. At trial the police officer took the stand and testified that he in fact was not hit or injured and those charges were dropped, HOWEVER to her surprise everything had been thrown together and she was convicted on the other charges her bail increased to 75,000 and sent to Camden county Jail where she now sits waiting sentencing on october 26, now facing up to ten years in jail, all because she was misled by the system or maybe even her own lawyer, This is a first offense for this girl who of all the people I know in the world least deserves to be in county jail let alone state prison. I spoke with her the other day and she said her lawyer hasnt even contacted her since court so she dosent know whats going on!!I feel someone better find out and fast, shouldnt there been an appeal filed? I am a friend of hers since high school and I willdo anything I can to help her, can someone please tell me what options if any at this point we have?? I must also say that about 100 people have written her expressing their support and outrage over this whole situation, and have been writing letters on her behalf. we all realize that cathy made a big mistake and does have to be punished for it and then treated for her problems, but ten years for a ten dollar bag and elluding??? hit and run drivers get out in a year. anyway, I look forward to hearing back. Thank you.
Maria Anderson
We live in Camden County New Jersey.

 

[hannah jo]

First you need to be aware that any plea agreement between the prosecutor and defense is just that - between the prosecutor and defense. The judge is not party to the argeement nor is he bound by it.
You say she was convicted - indicating a jury trial. If the attorney found something worng with the trial itself, he can appeal - such as if the evidence did not support the conviction or numerous other reasons.
The time between conviction and sentencing is not uncommon - the courtorders a background investigation, which is used to help the court when it imposes a sentence. The sentence may end up being whatever was agreed to during the plea agreement - it may end up being what the backgrond investogator recommended - it may end up being any penalty up to the maximum proscribed by the laws. Until sentence is actually imposed, there is not way to determine if it was "fair" or not.
And it is not uncommon for the attorney not to have alot of contact with her now - it is now a wating game until sentencing. No contact means probaly nothing is going on and he has no new information. Don't panic!


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Please note that these comments do not constitute legal advice. It is always recommended that you consult with a local attorney, who can explore all the facts and issues of your specific situation and then advise you of any legal rights and remedies you may have under the current laws of your jurisdiction.

 

[maria1501]

thanks for your reply i really appreciate it!! It just seems like they are throwing the book at her. she may also be eligible for the isp program.
thanks again.