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I got busted with two rocks of cocaine and the first time in court the prosecutor offered to let me plead to the possession for one day in jail and probation. Should I take it?
That depends on a number of factors. Why did the prosecution make such an offer off the bat? Is it just that they have too great a case load and the prosecutor’s Office is under-staffed, or is there a problem with his case? Could it get thrown out on legal grounds? What are the consequences of prior convictions in your state? How much time can you serve if you are found in violation of probation? What are the chances of avoiding any conviction at all by trying the case? What effect will this conviction have on your immigration status? Your ability to get a government job? Your ability to get bonded, or to get a professional license?
You could even lose your eligibility to receive public assistance or to drive, depending on your jurisdiction’s laws. There may be programs that allow you to do drug counseling and other things in exchange for an eventual dismissal of the charges. Do you have such a long and frequent arrest record that the prosecutor knows you will get caught again in a month and wind up doing a lot of time in jail, without the trouble of a trial, just by violating your probation? Maybe it’s the exact reverse and you have no record, and they really do want to give you a “second chance.”
Or do the police think you really are a dealer, but can’t prove it this time, and they want the right to search you, your car, and your home any time day or night as a probation condition? In other words, the issues are so complicated and far reaching that even if you want to plead guilty, you still need a criminal defense lawyer's advice so you know fully what you are doing.
(Updated August 30, 2007) |
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