Results 1 to 6 of 6
  1. #1
    Join Date
    Jul 2006
    Location
    California
    Posts
    5

    Question How to negotiate a plea deal

    Hi,

    I was charged with a 001 Battery: cohab/noncohab (does the 001 mean degree 1?) and I've read up on the maximum penalty for this charge in my state (California). Also, this is my first offense.

    Without getting into too much detail which may not be all that useful, I would like to learn how do I go about negotiating a deal? I think it is likely that I will get a probation, a fine, and be forced to take some sort of anger management class.

    I am more concerned about my record, and if convicted of a misdemeanor, it may affect my professional livelihood. I am 22 y/o, a recent graduate from a prestigious university, and will be attending graduate school (PhD) at another well-known institution. I am concerned that 1) this may jeopardize my enrollment in grad school- I want to ask what their policy is, but I also don't want to bring it up in case they wonder why I'm asking; and 2) I am afraid that the misdemeanor on my record will prevent me from obtaining employment (I plan to teach/research at the university level).

    I want to negotiate a deal with the prosecutor, not necessarily to have the case dropped, but maybe reduced to an infraction. If that's not possible, I know there are some expungement options. Also, does a A&B misdemeanor clear itself off the record after a certain # of years (like a traffic violation)? If not, is this something I can negotiate?

    Finally, to my real questions:

    1) How do I plea if I want to negotiate a deal?
    2) I have been advised to hire an attorney, however, the fee is on the order of $2500 whereas the maximum fine for the crime is no more than $1000. Doesn't make a lot of financial sense unless I can for sure get it reduced to an infraction.
    3) I've read something about pleading guilty at first, serve probation, then change plea to not guilty, and this way the conviction doesn't show on the record (but the charge stays on the record regardless, correct?), is there a special terminology for this, and how do I go about negotiating?
    4) How likely is it to negotiate and get my ideal results (no misdemeanor on record)? What do I do if they say no?
    5) In my case, my girlfriend of many years is the victim. She regrets the incident and also prefers that I suffer no additional penalties (she feels that time served in detention was enough punishment for me), is there something on her part that she could do to help my situation?

    Thanks in advance, I would like to do this on my own without an attorney if possible. If that's not possible I will definately seek professional aid.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    71,820

    Default Re: How to negotiate plea deal?

    You have to plead not guilty until you have your plea bargain worked out - if you plead guilty you will be convicted of the crime you plead to having committed.

    If you can't afford a lawyer, consider requesting a court-appointed lawyer.

    If you can't negotiate a plea agreement you like, you can take the case to trial.

  3. #3

    Default Re: How to negotiate plea deal?

    No Prosecutor will drop a PC 243(e)(1) to an infraction.

    You might (slight chance), with very good negotiation, get it reduced to a misdemeanor PC 415 (1) fighting, or 415(2) loud noise.

    With 243e, you have to complete a 52 week (one hr a week) batterer's program.

    Use an attorney. This can have a grave impact on your future.

  4. #4
    Join Date
    Jul 2006
    Location
    California
    Posts
    5

    Default Re: How to negotiate plea deal?

    Quote Quoting garrula lingua
    No Prosecutor will drop a PC 243(e)(1) to an infraction.

    You might (slight chance), with very good negotiation, get it reduced to a misdemeanor PC 415 (1) fighting, or 415(2) loud noise.

    With 243e, you have to complete a 52 week (one hr a week) batterer's program.

    Use an attorney. This can have a grave impact on your future.
    Thank you, yes I am looking at 3yr summary probation with 52wk program, in addition to the firearm probation and fines.

    I agree that the possibility of getting it dropped to a 415 (which, i've heard, may later be dropped to an infraction?) is very slim, provided that both of our statements to the police provide corroborative evidence of the crime. Given that fact, do you think a good personal background (attended good colleges, good worker at university/hospital positions, no prior records, won't repeat offense, future enrollment in a anger management program, etc) as well as a statement from my girlfriend (she feels that the time spent in detention was enough punishment) is sufficient for a strong negotiation on my behalf? Or would it take something more concrete?

    I've consulted a few local defense attorneys, and I'm weighing my options. Personally I do not think I have a chance to win this in trial, so I want to strike some sort of deal.

    -First choice, obviously is to reduce the charge to a 415, then later see if that can get reduced. If not, still better than a 243e. I understand the only way to do this is to plead guilty, and negotiate. I also understand that doing so subjects me to heavier punishment since the DA will withdraw the offer?

    -Second choice, divergence program in the form of anger management or psychologist, or couples counseling for myself and my girlfriend. I understand that I will have to plead guilty to the 243e charge.

    -Third, defered adjudication, although I was told by one firm that this option is very unlikely given the nature of my case. For what reason, I didn't fully grasp due to lack of understanding of the procedure. Guilty plea?

    -Fourth, reduction in penalty (fines, length of program, probation). Guilty plea?

  5. #5

    Default Re: How to negotiate a plea deal

    HTML Code:
    -First choice, obviously is to reduce the charge to a 415, then later see if that can get reduced. If not, still better than a 243e. I understand the only way to do this is to plead guilty, and negotiate. I also understand that doing so subjects me to heavier punishment since the DA will withdraw the offer?

    The only one who can reduce/dismiss your charge is the Prosecutor.
    You may get a sympathetic Pros, or one who really dislikes batterers ...
    it's the luck of the draw.
    Additionally, no matter what plea you work out with the Pros, the Judge has to agree ...

  6. #6
    Join Date
    Nov 2006
    Location
    San Jose CA
    Posts
    3

    Default Re: How to negotiate a plea deal

    Hi Highflyer,

    You should consult a good attorney. They charged me with 243e1 but then later case was dropped (Miracle, My faith in God has deepened). I even got a letter saying 851.6 arrest not deemed arrest, detention only.

    There are couple of striking points about my case, don't know which one helped more
    1)I had called the cops (I swear will never in my life call again for stupidity)
    2)Police report says I slapped my wife but no induries.
    3)My wife was co-operative. She said no to Restraining orders etc.
    4)I hired a very good lawyer (and high price)

    Good luck. And keep us posted on how it goes! Please someone help me with following:

    I am not a citizen and this arrest record is haunting me with my visa renewal. Can someone please help me? There is a DHS USCIC (formerly INS) form which asks were you arrested- not sure if should write yes or no? the letter as per CA PC 851.6 says not an arrest. 851.6 is california PC, INS goes by federal law.

    Can anyone share their two cents?

    1. Sponsored Links
       

Similar Threads

  1. Drunk and Impaired Driving: California DUI, How to Negotiate a Deal with the D.A.
    By lseon in forum Drunk and Impaired Driving Charges
    Replies: 2
    Last Post: 07-30-2009, 03:33 PM
  2. Plea Bargains: What is a Plea Deal
    By ina131 in forum Criminal Procedure
    Replies: 1
    Last Post: 03-19-2009, 06:54 PM
  3. Bad Plea Deal?
    By Plea Bird in forum Drunk and Impaired Driving Charges
    Replies: 1
    Last Post: 10-28-2008, 02:33 PM
  4. Plea Bargains: Can I Appeal a Plea Deal?
    By Keyman29 in forum Criminal Procedure
    Replies: 1
    Last Post: 10-25-2008, 07:19 AM
  5. Expungement and Sealing: Reneging on a Plea Deal
    By zionofwestern in forum Criminal Records
    Replies: 6
    Last Post: 10-08-2005, 04:11 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Criminal Defense Attorney
Protect your freedom. Consult a criminal defense lawyer for free.




Untitled Document