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Posts Tagged ‘plea bargain’
Defense for Drug Crime
Monday, May 18th, 2009
Federal drug crime defense is similar to a state drug crime defense. The only differences are in pre-trial motions and sentencing. One important factor to determine the seriousness of your drug case is through the quantity and type of the illegal drugs you possess. A few pounds is definitely more serious compared to a few ounces, a few ounces is graver than a few grams, etc.
Another factor to consider is whether you have prior criminal records. Accordingly, a felony probation record or prison sentence prior to the crime will potentially have greater punishment compared to a minor record of misdemeanors or a clean record.
Your criminal defense lawyer should understand the law of seizures and illegal searches. Because the first shot of defense in any drug case is the evaluation whether police have conducted an illegal search on yourself, your automobile, or your home.
Another line of defense is the accurate evaluation of the prosecution’s evidence. If it’s strong, then immediate steps must be done to build a stronger defense case. As such, your criminal lawyer must be skilled to work a plea bargain calling for dismissal of disqualifying charges or at least find an alternative that will qualify you for Proposition 36 or Diversion programs.
Tags: criminal defense lawyer, criminal lawyer, criminal records, drug crime defense, plea bargain
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Plea Bargain Possible for Serious Theft Offense
Friday, May 8th, 2009
A mother’s plea: Her son was arrested due to unlawful computer use, fraud, theft, and forgery. The charge costs about $100,000 (total of 11 counts) that he allegedly stole from the employers. He is really a good kid from a good family. However, he just made some poor choices. So what would be the chances that he’ll serve time if convicted? And most likely, will the DA accept a plea bargain?
If you ask an attorney about this, he or she would most likely say that merchandise theft worth $100,000 is a very serious crime. If you come from Nevada, theft offenses for more than $2,500 will have a penalty of 1-10 years in prison. In addition, the defendant needs to pay restitution.
The district attorney may offer a plea bargain (although it’s not his or her obligation) to a lesser crime carrying a mandatory prison term. It will surely help if the defendant has no prior arrests yet.
Only criminal attorneys in your jurisdiction could give you a realistic evaluation of the penalties that will be charged. The attorney needs to be familiar with the policies to make a favorable plea bargain. If successful, the defendant could get the lowest sentence possible.
Tags: attorney, Criminal, criminal attorney, defendant, district attorney, Nevada, plea, plea bargain
Posted in Criminal, Theft | No Comments »