should I accept a plea bargain

[skallon14]

My brother just went to a preliminary hearing and the DA as a plea bargain wants him to do 5-6 years in jail. Based on the charges, the total time my brother will serve will be 14 1/2 years if he doesnt accept the plea bargain, goes to trail and is find guilty. My brother has 6 charges against him but he denies 4 of the charges. The DA agreed for a probation officer to evaluate my brother's situation and based on his recommendation, the DA and judge may determine if his time served will be less. His plea at the preliminary hearing was "no contest", now he is wondering would it be better for me to plea insanity at the time the crime was committed or is it better for him to go with the plea bargain? He will be sentenced in a month and a half. Please help

 

[army judge]

My brother just went to a preliminary hearing and the DA as a plea bargain wants him to do 5-6 years in jail. Based on the charges, the total time my brother will serve will be 14 1/2 years if he doesnt accept the plea bargain, goes to trail and is find guilty. My brother has 6 charges against him but he denies 4 of the charges. The DA agreed for a probation officer to evaluate my brother's situation and based on his recommendation, the DA and judge may determine if his time served will be less. His plea at the preliminary hearing was "no contest", now he is wondering would it be better for me to plea insanity at the time the crime was committed or is it better for him to go with the plea bargain? He will be sentenced in a month and a half. Please help

You used the pronouns "me" and "he" interchangeably.
Are you "he", or are you "me"? :dunno:
It really doesn't matter.
I'll move on!

Never accept a plea, if you're innocent.
Never accept a plea thinking you'll get less time than if you would have been convicted.
A plea is ONLY the prosecutor's RECOMMENDATION to the judge.
The judge is FREE to determine sentencing as he/she sees fit!

If a person is facing multiple charges, you shouldn't do ANYTHING until you've hired an attorney or asked the court to appoint one (if you can't afford your own)!!!!

You didn't mention an attorney representing the interests of the accused.
The accused should always speak with his/her attorney about these matters.
Nothing the prosecutors verbalizes can be used to hold him/her to those promises later.
That is why your lawyer secures the plea in writing.
You are then free to read it, and understand what it means to you!

So, plead NOT GUILTY.
Don't take any deal.
The deal will always be available.
Why rush it?
There is no advantage to rushing things.
Who knows what might happen or be discovered as you get nearer to a trial date?

Also, stop talking to police, prosecutors, friends, acquaitances, or anyone OTHER than your lawyer or spouse about anything; especially this!!!!!!!! :no:
Why?
Because they lie, and some will SNITCH you out! :yes:

 

[skallon14]

Thank you very much for responding. My brother is represented by an attorney and the attorney requested for my brother to accept the plea bargain. I am a little concern because i think my brother's attorney is only basing this on the DA's evidence and the police report. Would my brother be able to change his mind eventhough he accepted the plea bargain or if new evidence is found in favor of my brother would the judge consider that eventhough he accepted to take the plea bargain?

 

[army judge]

There is no plea bargain, until the judge has accepted one in open court.

This doesn't happen until the judge admonishes him in open court.

If he says he doesn't want the deal, and wants a new lawyer, the deal is over. He'll get a new lawyer.

Things start all over again.

 

[mightymoose]

If he does not trust the recommendation of his attorney then he can certainly get another one. The attorney likely has good reason for the recommendation though, and that is probably because the evidence against your brother is convincing. Your brother should discuss this with the attorney and find out exactly why he recommends as he does.
Once he accepts the plea deal and the judge hands down a sentence then no, he can't change his mind and plead not guilty. If he is not guilty then he would not be accepting the plea, would he?

 

[skallon14]

Thank you everyone for your response. My brother is only 18, doesnt really know much about the law so he is going by exactly what the lawyer is telling him to do. Another question i have is i honest feel that the lawyer didnt not properly represent my brother and my brother as well to me that he was never informed by his lawyer in regards to the charges, his lawyer always telling us that he will go visit my brother and inform him of his case but that never happened. The attorney never visit his client(my brother), every time my brother calls his office and request her to come see him, she never appears. On the day of premilinary hearing, my brothers attorney was telling my brother to plea guilty and he refused because he felt that even though yes, he is not 100% innocent, most of the charges were made up by the DA so he could serve longer in jail. My brother's attorney in return never investigated and is going by what the DA is saying and pictures(the DA considered proof.). So how can my brother/the family go about taking action against his attorney for lack of representation.

 

[army judge]

Thank you everyone for your response. My brother is only 18, doesnt really know much about the law so he is going by exactly what the lawyer is telling him to do. Another question i have is i honest feel that the lawyer didnt not properly represent my brother and my brother as well to me that he was never informed by his lawyer in regards to the charges, his lawyer always telling us that he will go visit my brother and inform him of his case but that never happened. The attorney never visit his client(my brother), every time my brother calls his office and request her to come see him, she never appears. On the day of premilinary hearing, my brothers attorney was telling my brother to plea guilty and he refused because he felt that even though yes, he is not 100% innocent, most of the charges were made up by the DA so he could serve longer in jail. My brother's attorney in return never investigated and is going by what the DA is saying and pictures(the DA considered proof.). So how can my brother/the family go about taking action against his attorney for lack of representation.

The family can't take action against the lawyer.
None of you have standing to do so.
Your brother doesn't appear to have a reason to do anything to the attorney.
If he is unsatisfied with his attorney, all he has to do is tell him he is fired.
The lawyer will file a motion to withdraw.
The judge will schedule a hearing.
At that time your brother will state that he feels the attorney isn't representing him properly.
He should say that he doesn't understand all of the legal proceedings and ask the court to appoint another lawyer to represent him.
There will be a few more questions and your brother will have another lawyer appointed to represent him.