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Was this a good deal?

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moondoggie

Junior Member
What is the name of your state (only U.S. law)? Missouri
My son was arrested last year for marijuana distribution and charged with a B felony. (it was his first arrest). We hired a private attorney for 3,600.00, and he arranged a plea deal where my son would take the B felony, spend 8 months in county jail, 5 years probation, and ten years backup. Last week my son was rearrested on a marijuana possession charge, and they are in the process of revoking his probation. This morning I was looking at the discovery papers for the original charge, and found a letter the prosecutor had sent to the public defenders office. I probably read it before, but at that time it was meaningless to me because I didn't understand the system. What it said was, the prosecutors first offer was that my son take 5 years and the B felony (in Missouri that would have meant 15 months in prison) or he could take a C felony, and get 7 years (in Missouri, that would have meant 12.8 months in prison). Did our attorney fail us? And if he did, will that help get my sons record expunged someday? Thank you for your answer.
 
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Just Blue

Senior Member
What is the name of your state (only U.S. law)? Missouri
My son was arrested last year for marijuana distribution and charged with a B felony. (it was his first arrest). We hired a private attorney for 3,600.00, and he arranged a plea deal where my son would take the B felony, spend 8 months in county jail, and ten years on probation. Last week my son was rearrested on a marijuana possession charge, and they are in the process of revoking his probation. This morning I was looking at the discovery papers for the original charge, and found a letter the prosecutor had sent to the public defenders office. I probably read it before, but at that time it was meaningless to me because I didn't understand the system. What it said was, the prosecutors first offer was that my son take 5 years and the B felony (in Missouri that would have meant 15 months in prison) or he could take a C felony, and get 7 years (in Missouri, that would have meant 12.8 months in prison). Did our attorney fail us? And if he did, will that help get my sons record expunged someday? Thank you for your answer.

Is your son 18 years old or older? How old is he?:confused:
 

moondoggie

Junior Member
wow! that was quick!

He was a few months shy of twenty when he received the distribution charge. Now he is 22. Thanks for your quick reply
 
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cyjeff

Senior Member
It really doesn't make much difference since your son just got popped again, but the deal sounds pretty good.

County is much better than state prison.
 

moondoggie

Junior Member
That makes me feel better..

Thanks for the reply. I was hoping we hadn't totally screwed up-but I do hate that he now has to face ten years. (which will really be 30 months, if I'm understanding correctly). But, I guess he did have chance to stay out.
 

Just Blue

Senior Member
Thanks for the reply. I was hoping we hadn't totally screwed up-but I do hate that he now has to face ten years. (which will really be 30 months, if I'm understanding correctly). But, I guess he did have chance to stay out.
Yes, he did. And chose NOT TO. :(
 

dave33

Senior Member
It would seem the 1st attorney negotiated to get as little time to serve while adding more time on the probation end. He must have had quite a lot to get that time on a 1st offense. That would have been o.k. except he got arrested again and now faces more time. Almost seems like a waste of 3600. Well, now is the time he really needs a lawyer. The violation process is usually unforgiving. He needs the best deal he can get as far as the violation is concerned. Is he in jail now? If not maybe a rehab before the violation hearing? It's amazing what money can buy. goodluck.
 

moondoggie

Junior Member
we live in a pretty tough county..

When they picked him up, all they caught him with was some marijuana mixed in with his pocket lint, a shot glass that had a marijuana leaf on it, and they found a digital scale in his car. But someone had turned his name in to get their charges reduced, and they had been going through his trash at night. They had packing materials equal to 4 pounds with traces of marijuana that matched the lint in his pocket. If I really thought he was innocent I would be fighting harder, but I was still surprised they had a case, because he shared the house with 8 other guys. I've found the system doesn't work the way it does on television. He's sitting in jail now, and does have an attorney. His probation officer has recommended rehab, so I'm hoping that will be an eventual outcome. So far all I'm hearing is that he'll have to do the backup. Missouri is weird though. If I understand correctly, they'll want 30 months, but he'll get credit for time served. Thanks for the reply!
 

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