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  1. #1
    Join Date
    Dec 2005
    Posts
    24

    Default Standard plea bargain procedure in a criminal case

    The Calander Call for my case was yesterday, February 2nd, but an agreement was reached thru a plea about a week and a half ago. The lawyer mailed me the plea forms (which indicated the charge was reduced from "Felony Grand Retail Theft" to "Misdemeanor Retail Theft", "No contest" and "Adjudication withheld" as well as "Time Served" as the punishment for the one night spent in jail).

    I mailed the forms back last week and today called the court to find out about obtaining back the cash bond (I asked about it here earlier as well).

    When talking to the court clerk, she advised me that in her system is shows that the case is still open and shows that it is set for jury trial on February 27th.

    This definately alarmed me and I explained to her what happened and she responded that it's possible that it's not in the system yet.
    I then called my lawyer and he said the same, that until everything is made final in the court, it will show that a jury trial is still set.


    Does this sound correct? If a plea bargain was reached, should it show that in the clerk's system or does everything sound normal?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Placing the Plea on the Record

    It sounds like a plea deal has been worked out with the prosecutor, but has not yet been placed on the record in court. It is normal procedure for the plea to be placed on the record.

  3. #3
    Join Date
    Dec 2005
    Posts
    24

    Default

    Ok so it sounds about right then with what I was told today.

    Another thing, the plea forms were only signed by the attorney when I received them and no one else...is this right? Should they have also been signed by the prosecutor or is that done after I signed them and had them notarized?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    The use of a plea form, and its content, will vary by jurisdiction. The order in which the document is signed shouldn't matter.

  5. #5
    Join Date
    Dec 2005
    Posts
    24

    Default

    Well it's now Thursday Feb. 09 and the court still shows that the case is due for a jury trial at the end of this month.

    I'm really starting to get worried (or really really really worried...I've been worried for a long time)...what is going on here? Should I try and get a hold of the prosecutor myself? My lawyer keeps telling me it will get taken care of long before the trial date...but that date is coming up pretty quick here.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Plea Bargains

    As you are represented by a lawyer, the prosecutor won't (or at least shouldn't) talk directly to you.

  7. #7
    Join Date
    Dec 2005
    Posts
    24

    Default

    You're right, I tried calling the state attorney's office and they would not talk to me.

  8. #8
    Join Date
    Dec 2005
    Posts
    24

    Default

    Ok now I received in the mail a notice of the jury trial scheduled in two weeks.

    What am I supposed to do here?

    My lawyer told me that they rescheduled the Calander Call and that they are processing all the plea paper work this week...but the court doesnt show this when Im talking to them on the phone.

    No one seems to be able to help me...they just say to talk to my lawyer.


    Does this add up to you guys? What options do I have here? What if my lawyer hasn't represented me in the way I have thought so far and I've missed court dates and such?

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