Lawyer continues cases: how long does it take to reach deals with prosecutor?

[tbonski]

On behalf of a friend here, her attorney (private pay), keeps continuing her cases. She has a lot of pending charges that are misdemeanor (traffic) with some being felony (drug - marijuana). The lawyer feels that a plea deal can be reached that would give her the strictest of probation (no jail time). She has been in jail for 3 months as her attorney attempts to sit down / meet with the prosecutor to discuss. Each time her family touches base with the lawyer, they get the same response - the lawyer is trying to get with the prosecutor who has been real busy handling trial cases, the prosecutor went on vacation, the prosecutor is in court, etc. It seems as though the lawyer, who appears to be very busy with cases herself, is not making her client, my friend, a priority, since my friend is in jail. The family is having regrets hiring this attorney due to some other issues that raise the question of professionalism, but they cannot afford to retain another attorney and aren't sure if a public defender(s) may hurt or help things more?

How long does it typically take a lawyer and prosecutor to reach plea agreements?
What is involved in doing so?
Why is her attorney continuing her cases? The attorney has been continuing one of her cases since June (for a charge that was incurred in January 2014)
What can my friend do to help her case while she sits in jail? I suggested to her that she get into church services or bible studies while in there, get a mental evaluation if possible, drug and alcohol classes if offered, and any other classes or activities that she can get involved with, mainly to help herself and hopefully the judge / prosecutor will look favorably on? Not sure if they offer these in jail?

Any advice is appreciated.

 

[quincy]

On behalf of a friend here, her attorney (private pay), keeps continuing her cases. She has a lot of pending charges that are misdemeanor (traffic) with some being felony (drug - marijuana). The lawyer feels that a plea deal can be reached that would give her the strictest of probation (no jail time). She has been in jail for 3 months as her attorney attempts to sit down / meet with the prosecutor to discuss. Each time her family touches base with the lawyer, they get the same response - the lawyer is trying to get with the prosecutor who has been real busy handling trial cases, the prosecutor went on vacation, the prosecutor is in court, etc. It seems as though the lawyer, who appears to be very busy with cases herself, is not making her client, my friend, a priority, since my friend is in jail. The family is having regrets hiring this attorney due to some other issues that raise the question of professionalism, but they cannot afford to retain another attorney and aren't sure if a public defender(s) may hurt or help things more?

How long does it typically take a lawyer and prosecutor to reach plea agreements?
What is involved in doing so?
Why is her attorney continuing her cases? The attorney has been continuing one of her cases since June (for a charge that was incurred in January 2014)
What can my friend do to help her case while she sits in jail? I suggested to her that she get into church services or bible studies while in there, get a mental evaluation if possible, drug and alcohol classes if offered, and any other classes or activities that she can get involved with, mainly to help herself and hopefully the judge / prosecutor will look favorably on? Not sure if they offer these in jail?

Any advice is appreciated.

What is the name of the state involved?

If your friend has been able to afford a private attorney, it is unlikely she will qualify for a public defender. Your friend can fire her current attorney if she feels the attorney is not working in her best interests. She can have refunded to her any retainer money that remains, so that she can hire another attorney. The case files will be transferred to the new attorney.

With "a lot of pending charges," both misdemeanors and felonies, your friend can expect any negotiation with the prosecutor to take awhile. I imagine she is facing significant jail time if a plea agreement cannot be worked out.

Your friend's attorney cannot discuss his client's case with her family, without your friend's express permission.

Your suggestions to your friend seem to be good ones.


edit to add: I see you asked this same question last month (and didn't provide the state name there either ). For others, here is a link to the thread which provides additional details on the friend's charges: https://forum.freeadvice.com/drug-charges-28/advice-negotiating-plea-deal-felony-drug-charges-610510.html

 

[CavemanLawyer]

The answer to this question will vary dramatically depending on which State you are in, which county, which Court, which prosecutor, that prosecutor's trial schedule at the moment, etc... The short answer though is that a case can be continued indefinitely until a deal is reached or it gets reached for trial. For drug cases you have to wait for the lab to test the substances which can take anywhere from one month for an in-house police lab (only in very large cities) up to an average of 6 months for a State operated lab. In a rural counties or in a lab that is backed up or underfunded, it could take even longer.

Unless there is something bizarre about her or her case, you can almost bet on the fact that the prosecutor has made an offer on the case. Your friend could likely resolve her case on Monday if she was willing to accept that offer. It sounds like her attorney is trying to convince the prosecutor to make a better offer. Sometimes you have to wait it out in jail a few extra months to avoid a few extra years of punishment. But it really just depends on the case and the circumstances surrounding it.

 

[quincy]

The answer to this question will vary dramatically depending on which State you are in, which county, which Court, which prosecutor, that prosecutor's trial schedule at the moment, etc... The short answer though is that a case can be continued indefinitely until a deal is reached or it gets reached for trial. For drug cases you have to wait for the lab to test the substances which can take anywhere from one month for an in-house police lab (only in very large cities) up to an average of 6 months for a State operated lab. In a rural counties or in a lab that is backed up or underfunded, it could take even longer.

Unless there is something bizarre about her or her case, you can almost bet on the fact that the prosecutor has made an offer on the case. Your friend could likely resolve her case on Monday if she was willing to accept that offer. It sounds like her attorney is trying to convince the prosecutor to make a better offer. Sometimes you have to wait it out in jail a few extra months to avoid a few extra years of punishment. But it really just depends on the case and the circumstances surrounding it.

Caveman, I edited my post to include a link to another thread by tbonski posted last month that provides additional information on the charges his/her friend faces. If there is, indeed, the possibility of 15 years in prison, I imagine her attorney is doing what he can.

 

[tbonski]

I hope I'm replying to this correctly and thank you for your reply. The state is KS. Without plea deals, this friend is looking at 10-15 years, maybe a little more. Her family paid the attorney a flat rate vs. a retainer. According to my friend, who while in jail has met other inmates who have this attorney, it appears that this attorney is good at eventually getting plea deals but for those of her clients who are in jail, she takes longer to work their cases, almost as if she makes their cases lower priority. I would imagine that for one who is in jail, a month seems like a long time....how does the plea deal process work? Can the attorney make an appointment with the prosecutor to hash out some sort of draft deal (if so, it doesn't sound like the attorney has really even done that yet). Or is it a matter of the attorney catching the prosecutor when she can (in the hallway, etc.). Should the attorney be combing over the details of every charge with a fine tooth comb to see what can be dropped / reduced / etc.? It doesn't seem like the attorney is really doing that either but taking more of the approach and attitude of fighting a forest fire vs. hot spots, if that makes sense.

On behalf of a friend here, her attorney (private pay), keeps continuing her cases. She has a lot of pending charges that are misdemeanor (traffic) with some being felony (drug - marijuana). The lawyer feels that a plea deal can be reached that would give her the strictest of probation (no jail time). She has been in jail for 3 months as her attorney attempts to sit down / meet with the prosecutor to discuss. Each time her family touches base with the lawyer, they get the same response - the lawyer is trying to get with the prosecutor who has been real busy handling trial cases, the prosecutor went on vacation, the prosecutor is in court, etc. It seems as though the lawyer, who appears to be very busy with cases herself, is not making her client, my friend, a priority, since my friend is in jail. The family is having regrets hiring this attorney due to some other issues that raise the question of professionalism, but they cannot afford to retain another attorney and aren't sure if a public defender(s) may hurt or help things more?

How long does it typically take a lawyer and prosecutor to reach plea agreements?
What is involved in doing so?
Why is her attorney continuing her cases? The attorney has been continuing one of her cases since June (for a charge that was incurred in January 2014)
What can my friend do to help her case while she sits in jail? I suggested to her that she get into church services or bible studies while in there, get a mental evaluation if possible, drug and alcohol classes if offered, and any other classes or activities that she can get involved with, mainly to help herself and hopefully the judge / prosecutor will look favorably on? Not sure if they offer these in jail?

Any advice is appreciated.

 

[tbonski]

Thank you for your replies Caveman and Quincy. All very helpful! Basically, it sounds like my friend needs to hang in there. Time would be to her benefit and is on her side here.

I hope I'm replying to this correctly and thank you for your reply. The state is KS. Without plea deals, this friend is looking at 10-15 years, maybe a little more. Her family paid the attorney a flat rate vs. a retainer. According to my friend, who while in jail has met other inmates who have this attorney, it appears that this attorney is good at eventually getting plea deals but for those of her clients who are in jail, she takes longer to work their cases, almost as if she makes their cases lower priority. I would imagine that for one who is in jail, a month seems like a long time....how does the plea deal process work? Can the attorney make an appointment with the prosecutor to hash out some sort of draft deal (if so, it doesn't sound like the attorney has really even done that yet). Or is it a matter of the attorney catching the prosecutor when she can (in the hallway, etc.). Should the attorney be combing over the details of every charge with a fine tooth comb to see what can be dropped / reduced / etc.? It doesn't seem like the attorney is really doing that either but taking more of the approach and attitude of fighting a forest fire vs. hot spots, if that makes sense.

 

[quincy]

Thank you for your replies Caveman and Quincy. All very helpful! Basically, it sounds like my friend needs to hang in there. Time would be to her benefit and is on her side here.

I think your assessment is correct, if her attorney has a reputation for getting plea deals that work to her clients' benefit. Any jail time your friend has now can potentially be credited her, should jail time still be ordered (and, with the chance of as much as 15 years on the charges, it seems likely she will be looking at additional jail time).

Again, the suggestions you made earlier to your friend seem like good ones, not only so the prosecutor and judge see she is taking her charges seriously but also so she can keep occupied while her attorney works on her case.

You are a good friend to be looking out for her. She is in a position where she probably needs the support.