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I messed up a plea bargain

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Tough Decision

Junior Member
What is the name of your state (only U.S. law)? Arkansas


I messed up a plea deal on a relatively minor bar fight, and now I am facing a much tougher plea deal and, if I don’t take it, a felony.


My lawyer says it’s of course my decision but he’d swallow hard and take the new deal, and a second lawyer my GF made me check with says I am lucky it isn’t worse.


Just wondering if anybody here can see anything they missed.


—




So I got in a bar scuffle this fall that wasn’t all that bad. Some bruises and scrapes and one guy had a fat lip, but nothing else. But it was caught on the bar’s video camera, and one of those punched was the manager, who under his owner’s direction, wants to press charges.


My lawyer worked out a deal with the prosecuter to reduce it from Class A misdemeanor battery to Class C disorderly conduct with a recommended $165 fine. plus 10 days in jail I could do in the first-offender pod. Could even serve the jail on weekends, though a couple buddies who have done time there said just take some vacation days and take it all in one whack, it’s easier. They said the first-offender pod is pretty uncrowded and mellow during the week. I was still deciding.


But then came the rub. Back 10 years ago when I was 19, in another state, I had a 30-day sentence for misdemeanor marijuana possession. Yeah, back then, some states actually put you in jail for that. Ended up serving 22 days in the county convict camp, paid the $400 fine and the rest was wrote off.


When I was arrested for this bar fight, I thought they had done a background check and didn’t find that on my record, so I didn’t mention it to the lawyer. In fact, when we filled out the preliminary application after the plea bargain, I signed under penalty of perjry that I had never had any criminal conviction other than a traffic infractin in this “or any other jurisdiction.”


Well, they did a more extensive background check, and guess what they found? The crap hit the fan, the prosecuter immediately canceled the tentative plea deal for disorderly conduct on the bar fight, told the lawyer he would go whole hog on the battery offense, with up to a year in jail. He also said he would send the false lie I signed to his bosses for a felony perjury and possible state prison.


My lawyer was pissed that I hadn’t told him, and that I had signed that, but still is trying to help me. He thinks he can get the prosecuter to ignore the false statement, and thinks he’s “probbly” gotten a nod to do that if I plead guilty to battery in the bar fight and agree up front to at least $500 and 120 days – four months! – in jail. It gets even worse: I would no longer be qualified for the first-offender pod and would have to serve it as “misdemeanor robust offender treatment,” which my buddy says is a pretty nasty part of the jail and mainly guys who have plea-bargained down from felonies. Crap!


According to the new deal, I would also be on tough probation for the rest of the first year after I was sentence, with an electronic ankle bracelet keeping me in the county, and out of any place that served alcohol, plus having to do 250 hours community service sent as a laborer to the parks or road departments. Ugh.


I asked my lawyer what happened if we take the bar fight to trial and maybe witnesses not show up. He told me he was sure the manager would, reminded me it is on tape, and also checked about the two cops who responded that night.!Both have good records of showing up in court. And he also said taking it to trial might still get me a felony rap for perjury.


So I messed up pretty good. The girlfriend is pissed too. I had told her about the pot possession 10 years ago, but she didn’t know I had to do time back then. Anyway, she insisted I check with another lawyer. He said he had never heard of perjry being written off so easily, so take it if I could get it. He did say that if I ended up with a felony, because of Department of Corrections crowding I might (or might not) end up serving it in the county jail rather than prison. But even so it would be a lot more time, still no fun, and that way I would still be stuck with a felony rap for life unless I somehow got governors pardon some day. So yeah, he said go for the bargain.


I have seen sometimes these forums jump on guys for messing up, so I will say right now I admit I screwed up bad. You don’t have to rub it in. But from those 22 days in the convict camp back 10 years ago I found me and jail, and me and cons, don’t get along too good. Looking at the ass-end of four months this time, plus an ankle monitor and another 250 hours labor service after that, has me freaking out.


Anybody see anything these two lawyers missed?
 
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quincy

Senior Member
What is the name of your state (only U.S. law)? Arkansas



I messed up a plea deal on a relatively minor bar fight, and now I am facing a much tougher plea deal and, if I don’t take it, a felony.


My lawyer says it’s of course my decision but he’d swallow hard and take the new deal, and a second lawyer my GF made me check with says I am lucky it isn’t worse.


Just wondering if anybody here can see anything they missed.







So I got in a bar scuffle this fall that wasn’t all that bad. Some bruises and scrapes and one guy had a fat lip, but nothing else. But it was caught on the bar’s video camera, and one of those punched was the manager, who under his owner’s direction, wants to press charges.


My lawyer worked out a deal with the prosecuter to reduce it from Class A misdemeanor battery to Class C disorderly conduct with a recommended $165 fine. plus 10 days in jail I could do in the first-offender pod. Could even serve the jail on weekends, though a couple buddies who have done time there said just take some vacation days and take it all in one whack, it’s easier. They said the first-offender pod is pretty and crowded and mellow during the week.I was still deciding.


But then came the rub. Back 10 years ago when I was 19, in another state, I had a 30-day sentence for misdemeanor marijuana possession. Yeah, back then, some states actually put you in jail for that. Ended up serving 22 days in the county convict camp, paid the $400 fine and the rest was wrote off.


When I was arrested for this bar fight, I thought they had done a background check and didn’t find that on my record, so I didn’t mention it to the lawyer. In fact, when we filled out the preliminary application after the plea bargain, I signed under penalty of perjry that I had never had any criminal conviction other than a traffic infractin in this “or any other jurisdiction.”


Well, they did a more extensive background check, and guess what they found? The crap hit the fan, the prosecuter immediately canceled the tentative plea deal for disorderly conduct on the bar fight, told the lawyer he would go whole hog on the battery offense, with up to a year in jail. He also said he would send the false lie I signed to his bosses for a felony perjury and possible state prison.


My lawyer was pissed that I hadn’t told him, and that I had signed that, but still is trying to help me. He thinks he can get the prosecuter to ignore the false statement, and thinks he’s “probbly” gotten a nod to do that if I plead guilty to battery in the bar fight and agree up front to at least $500 and 120 days – four months! – in jail. It gets even worse: I would no longer be qualified for the first-offender pod and would have to serve it as “misdemeanor robust offender treatment,” which my buddy says is a pretty nasty part of the jail and mainly guys who have plea-bargained down from felonies. Crap!


According to the new deal, I would also be on tough probation for the rest of the first year after I was sentence, with an electronic ankle bracelet keeping me in the county, and out of any place that served alcohol, plus having to do 250 hours community service served as a laborer for the parks or road departments. Ugh.


I asked my lawyer what happened if we take the bar fight to trial and maybe witnesses not show up. He told me he was sure the manager would, reminded me it is on tape, and also checked about the two cops who responded that night.!Both have good records of showing up in court. And he also said taking it to trial might still get me a felony rap for perjury.


So I missed up pretty good. The girlfriend is pissed too. I had told her about the pot possession 10 years ago, but she didn’t know I had to do time back then. Anyway, she insisted I check with another lawyer. He said he had never heard of perjry being written off so easily, so take it if I could get it. He did say that if I ended up with a felony, because of Department of Corrections crowding I might (or might not) end up serving it in the county jail rather than prison. But even so it would be a lot more time, still no fun, and that way I would still be stuck with a felony rap for life unless I somehow got governors pardon some day. So yeah, he said go for the bargain.


I have seen sometimes these forums jump on guys for messing up, so I will say right now I admit I screwed up bad. You don’t have to rub it in. But from those 22 days in the convict camp back 10 years ago I found me and jail, and me and cons, don’t get along too good. Looking at the ass-end of four months this time, plus an ankle monitor and another 250 hours labor service after that, has me freaking out.


Anybody see anything these two lawyers missed?
I suggest you see a third attorney.

Although you admittedly screwed up by lying about your previous offense, I think the first plea deal offered could survive with the help of an aggressive criminal defense attorney.

Good luck.
 

Ohiogal

Queen Bee
I suggest you see a third attorney.

Although you admittedly screwed up by lying about your previous offense, I think the first plea deal offered could survive with the help of an aggressive criminal defense attorney.

Good luck.
I disagree... it was based upon OP being truthful (he wasn't) and he gave false statements (which are a felony). The prosecutor won't bend most likely. And a defense attorney cannot make them bend. All a defense attorney can try is to go to trial. If that happens, OP will be facing a felony. AND that is a lot more serious.
 

quincy

Senior Member
I disagree... it was based upon OP being truthful (he wasn't) and he gave false statements (which are a felony). The prosecutor won't bend most likely. And a defense attorney cannot make them bend. All a defense attorney can try is to go to trial. If that happens, OP will be facing a felony. AND that is a lot more serious.
I accept your disagreement. You could be right. :)

I still think a review by a third attorney would be smart. It might not change anything but I have some difficulty accepting that a 10 year old marijuana possession charge should affect so drastically the battery charge.

In what state was the marijuana conviction, Tough Decision?
 

Tough Decision

Junior Member
I accept your disagreement. You could be right. :)

I still think a review by a third attorney would be smart. It might not change anything but I have some difficulty accepting that a 10 year old marijuana possession charge should affect so drastically the battery charge.

In what state was the marijuana conviction, Tough Decision?
Georgia in the summer of 2007. I don't live there anymore, obviously, so I don't know if they still send people to the can for that now.
 

quincy

Senior Member
Georgia in the summer of 2007. I don't live there anymore, obviously, so I don't know if they still send people to the can for that now.
Thank you for answering my question. I was hoping to find something positive in the law on your marijuana conviction but, after a (brief) search, I did not find anything in Georgia that could help you.

I agree that you have a "tough decision" to make. I still recommend you consult with one additional attorney but that choice is yours.

Good luck with whatever it is you decide to do.
 

ServedMyTime

Junior Member
Anybody see anything these two lawyers missed?
I'm no lawyer but I'd tough it out and take the deal. My brother-in-law went to State Prison on felony perjury, and believe me, even in the badass pod your four months to keep it a misdemeanor would be easier. His life is still messed up. Good luck.
 

quincy

Senior Member
I'm no lawyer but I'd tough it out and take the deal. My brother-in-law went to State Prison on felony perjury, and believe me, even in the badass pod your four months to keep it a misdemeanor would be easier. His life is still messed up. Good luck.
The plea deal that Tough Decision's first attorney thinks he can work out with the prosecutor may be the best Tough Decision can hope for. I still think having a third attorney review the facts is smart, though.
 

Zigner

Senior Member, Non-Attorney
Quincy - just to be clear...do you think the OP should see another attorney?


:p:p
 

xylene

Senior Member
It's about your record, not just about the perjury.

Why do you think you would have gotten the initial deal even if you had disclosed your past conviction and incarceration?

The new plea deal appears appropriate to your criminal history.
 

quincy

Senior Member
Quincy - just to be clear...do you think the OP should see another attorney?


:p:p
I'm sorry if I didn't make my thoughts on the matter clear enough, Zigner. :p :) :D

Although I understand perjury, and it was definitely a stupid error on the part of Tough Decision to omit telling his attorney about his previous conviction, I have a hard time accepting that lying about a 10 year old conviction on marijuana possession should change the plea deal so drastically.

But I guess it is what it is.
 

xylene

Senior Member
Although I understand perjury, and it was definitely a stupid error on the part of Tough Decision to omit telling his attorney about his previous conviction, I have a hard time accepting that lying about a 10 year old conviction on marijuana possession should change the plea deal so drastically. .
Why would Tough Decision be eligible for a first offender plea bargain if he had a serious misdemeanor and served jail time?
 

HRZ

Senior Member
By forgetting to tell the truth to your attorney you made it super hard for him to represent you well...locally I've heard of many a small prior being disregarded and the new event being treated as a first ....but you sabotaged your attorney's ability to seek that liberal view for you . ...

I have no clue is a new attorney might get the original offer or one close to it on table ...he or she better be one of the best in that county on that kind of criminal work ....plan on $$
 

quincy

Senior Member
Why would Tough Decision be eligible for a first offender plea bargain if he had a serious misdemeanor and served jail time?
He shouldn't necessarily be eligible for a first offender plea bargain. I understand all that everyone is saying.

I see these old marijuana convictions and have a problem with them being viewed as "serious misdemeanors," though. Unfortunately, the marijuana laws in Georgia have not changed that much in Georgia in the past 10 years. Possession of small amounts of marijuana is still a serious offense - although first offense diversion programs are now available that allow for a dismissal of the charge and no criminal record.

What I find interesting/odd about Arkansas Class A misdemeanor assault charges is that a defense to the charge is "consent." Apparently someone can defend against the charge by showing the one assaulted consented to "the impeding or prevention of his/her respiration or circulation of blood."

Tough Decision has a tough decision to make.
 

Tough Decision

Junior Member
Why do you think you would have gotten the initial deal even if you had disclosed your past conviction and incarceration?
To be honest, I don't think that. As I said yesterday, jail, cons and I don't get along very well. I really hated those 22 days I did for the weed. I was trying to keep my punishment on this bar fight as low as I could. So, thinking back why I conveniently forgot my past, I probably thought it would help me if they didn't know it, and hadn't found it out on the first background check the night I was booked. Even told myself it was so long ago may not count anyway. Particularly after the lawyer mentioned I could serve what time I did get this time in the first-offender pod and even maybe weekends. I liked that, so I conveniently left stuff out. Now, I did make a call around this morning, got one lawyer's "para" on the phone. She said she'd check with her boss and he'd call me back if he thought it was worth a meeting, but while not putting words in his mouth she didn't sound like there was too much hope. Or so she sounded like.
 
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