Sentencing, Plea Bargains Right to speedy trial, endless delays

E

ericv8

New Member
Ive had a couple cases come up right after my mom died in early 2014. One was end of March, other end of April 2014. A bad run of luck. Ive had endless delays while my lawyer and the prosecutor continued and continued for over a year now. And even though the incidents are unrelated the prosecutor has tied the two together which seems wrong to me, but it makes his position so much stronger against me. Well the Judge is sick of all the delays and wants me to either go to Jail for a 60 day sentence or reject the plea and go to trial. The offer is 60 days. If I risk trial, one charge carries up to 2 years and the other up to one year. So my lawyer is saying plead guilty under Alford doctrine and just get it over with. He said if I choose trial he can no longer represent me as he is cutting his case load due to illness.

I feel like a pawn in a chess match rather than someone being treated fairly in the system. I looked up right to speedy trial and it says generally trial must take place within a year if requested a speedy trial. Or since I haven't request it and since more than a year has gone by they would have 30 days to be ready or drop the charges. I asked my lawyer about this and he laughed. He said if I request a speedy trial they have 18 months from the request to put me on trial.

My lawyer seems too buddy buddy with the prosecutor. He even brags about his great relationships on his website. I never felt he represented me well. I don't trust him at this point. Am I be railroaded into going to jail on a case I should be getting dismissed? Its seems odd that 15 months in on this they would still have 18 months to try me and consider it speedy. When I read online its a year. Please help. I just found this forum. I don't have much time. I need to decide by Tuesday morning June 23 at 10am what to do. Right now I am acting out of fear with the only info available to me. Also if I reject the deal will that be the end of attempts at plea bargains? May I get better offers if I reject?

Thanks
Eric
 
ericv8 said:
Ive had a couple cases come up right after my mom died in early 2014. One was end of March, other end of April 2014. A bad run of luck. Ive had endless delays while my lawyer and the prosecutor continued and continued for over a year now. And even though the incidents are unrelated the prosecutor has tied the two together which seems wrong to me, but it makes his position so much stronger against me. Well the Judge is sick of all the delays and wants me to either go to Jail for a 60 day sentence or reject the plea and go to trial. The offer is 60 days. If I risk trial, one charge carries up to 2 years and the other up to one year. So my lawyer is saying plead guilty under Alford doctrine and just get it over with. He said if I choose trial he can no longer represent me as he is cutting his case load due to illness.

I feel like a pawn in a chess match rather than someone being treated fairly in the system. I looked up right to speedy trial and it says generally trial must take place within a year if requested a speedy trial. Or since I haven't request it and since more than a year has gone by they would have 30 days to be ready or drop the charges. I asked my lawyer about this and he laughed. He said if I request a speedy trial they have 18 months from the request to put me on trial.

My lawyer seems too buddy buddy with the prosecutor. He even brags about his great relationships on his website. I never felt he represented me well. I don't trust him at this point. Am I be railroaded into going to jail on a case I should be getting dismissed? Its seems odd that 15 months in on this they would still have 18 months to try me and consider it speedy. When I read online its a year. Please help. I just found this forum. I don't have much time. I need to decide by Tuesday morning June 23 at 10am what to do. Right now I am acting out of fear with the only info available to me. Also if I reject the deal will that be the end of attempts at plea bargains? May I get better offers if I reject?

Thanks
Eric
Click to expand...

You need to review "speedy trial" in general:

http://criminal.lawyers.com/criminal-law-basics/defendants-right-to-a-speedy-trial.html

Now. take a look at "speedy trial" in CT:

http://cooljustice.blogspot.com/2008/08/right-to-speedy-trial.html

Okay, here's your problem after 18 months, give or take.

Courts look at four factors when deciding whether a defendant's right to a speedy trial has been violated.

The factors are:

  • Length of the delay
  • Reasons for the delay
  • Prejudice or harm to defendant caused by delay
  • Whether defendant demanded a speedy trial and at what stage of criminal proceedings

If you believe your rights have been violated, don't take the plea, go to trial.

The issue of "speedy trial" will likely be argued upon appeal, if you're convicted on the charges.

Your attorney will have to step down soon, anyway.

You can simply request new counsel, by firing (or asking your attorney to inform the court of his illness) your attorney, because he has become too ill to represent you.

If the prosecutor has the "goods" on you, "speedy trial" or NOT, won't ultimately impact a guilty verdict.


http://www.cga.ct.gov/2010/rpt/2010-R-0038.htm

https://www.jud.ct.gov/external/supapp/Cases/AROcr/CR265/265CR134E.pdf
 
Dumb question. If I reject the offer and opt for trial, may I get a better plea offer, or would all negotiations end at that point? This current offer is the only one I have ever received
 
ElleMD said:
Crystal ball is busted so we have no way of knowing what someone else might do.
Click to expand...

Not a useful reply whatsoever. If this was my forum (and i operate a few and know the operator of this forum from adminbb.com) I'd ban you for such a useless, condescending response.

Anyone else?

Thanks
Eric
 
ericv8 said:
Dumb question. If I reject the offer and opt for trial, may I get a better plea offer, or would all negotiations end at that point? This current offer is the only one I have ever received
Click to expand...

Most prosecutors will stipulate if an offer is the ONLY offer, and if the offer has an expiration date.
If no such stipulations are known, you can direct your lawyer to counter-offer.

I rarely advise my clients to take a plea deal, unless they are facing multiple felonies or misdemeanors.
For me to recommend a client of mine even consider a plea deal, it would have to have less than 30 days jail time or no prison time.

The best plea deal to consider contains "probation".

Remember, if your criminal record is unstained (or only a couple drops here and there), you'll likely get probation if convicted anyway; unless you're facing five, six, or more felonies.

Last thing, any criminal trial is a crap shoot.
 
army judge said:
Most prosecutors will stipulate if an offer is the ONLY offer, and if the offer has an expiration date.
If no such stipulations are known, you can direct your lawyer to counter-offer.

I rarely advise my clients to take a plea deal, unless they are facing multiple felonies or misdemeanors.
For me to recommend a client of mine even consider a plea deal, it would have to have less than 30 days jail time or no prison time.

The best plea deal to consider contains "probation".

Remember, if your criminal record is unstained (or only a couple drops here and there), you'll likely get probation if convicted anyway; unless you're facing five, six, or more felonies.

Last thing, any criminal trial is a crap shoot.
Click to expand...

Thanks for another helpful response. Very appreciated

Eric
 

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