How Can a Defendant Lose the Right to a Plea Bargain?
Full Question:
My sixteen year old son had a felony hearing 04/15/10. Before it was his turn to go in front of the judge, I accidentally overheard my assigned council and the felony D.A. in their meeting before court started. I am hearing with my own ears that my assigned council is not in my sons best interest! She was angry at our family for not following her advice, and told the D.A. to do whatever the D.A. wanted. I was frozen in shock. The D.A. says they want to keep it a felony B, (not reduce the charge to a misdemeanor) then. They leave the room to go into court. I am standing there frozen in shock at what I just over heard. Now they are up before the judge to give their recommendation or whatever is next, and I finally recover my wits, stand up and ask to come forward, tell the judge it has come to my knowledge that my sons lawyer is not acting in his best interest. He then dismisses my lawyer and postpones for one week. The D.A. spoke before closing saying she wants it on record that they want to keep this a felony charge. Now we leave court and I don't know what to do! My son is back at the holding center, I have to get another lawyer (it's Saturday!) and I am not sure what just happened! Did he just lose his chance to have the charge reduced?
04/17/2010 |
Category: Criminal ยป Pleas |
State: New York |
#21817
Answer:
It appears from your description that the former attorney was found to not be upholding his duty and dismissed by the court in order to postpone the hearing to allow time for another attorney to be appointed. I'm assuming that the court will appoint another attorney. At that point, the new attorney should be able to negotiate a new with the prosecutor regarding a plea bargain unless your son has already entered a plea in the case. It appears that the prosecutor is unwilling to offer a plea to a lesser charge at the point, so it will be a matter of negotiation with the new attorney. I suggest you consult a local criminal defense attorney, who may be able to negotiate for a plea bargain or lesser penalties.
