Will this 21 year old be able to know his punishment before he pleas guilty? And what is the best approach...should he plead NOT guilty and get a public defender/attourney?
This is in New Hampshire by the way. Will he be able or the attourney/public defender be able to plea for a diversion? Are diversions common in New Hampshire?
Is jail time a good chance if he is 21 and it's his first offense?
A. Before court start calling Attorneys. Those who give free consultations take them up on it. Not just one but all. Doe snot matter that he does not intend to hire one
B. Go to court plead not guilty and ask for Public Defender
C. Talk to Public Defender about Diversion. He should already have good knowledge of this from the Attorneys he spoke with. Agree with PD to a plea bargain
If this man does end up to jail, will this be permanent on his record and is there any way he can get it removed?
Will his punishment be harsher the second time around when his public defender pleads a bargain (and bargain does not work) if he plead not guilty because it's basically lying to the judge that he was not guilty of the crime in the first place?
And does anyone know if Diversions are common in New Hampshire? Especially in the southern counties?
If I'm reading this right, what he's asking is will the 21 year old get a harsher sentence if he pleads not guilty, then his lawyer can't make a deal with the prosecutor, and he has to go back and plead guilty - not that he rejected a deal/one was offered.
If he gets convicted, that will go on his record. There are ways to get that expunged but it depends how and what the requirements are from state to state (if it is even possible)
Once this man fills out paperwork for a public defender, will a public defender be available then so they can finish this whole entire process up instead of scheduling another court date? How soon will the next court date be usually if a public defender is not available at the arraignment?
And one more question. How much do Public Defenders cost? I spoke with an attorney today and he said that they usually end up costing about $700.00 anyway and this is in New Hampshire. He said he cost $1000.00. Is this guy just that desperate?
Once this man fills out paperwork for a public defender, will a public defender be available then so they can finish this whole entire process up instead of scheduling another court date? Not likely How soon will the next court date be usually if a public defender is not available at the arraignment? 30 days approx
And one more question. How much do Public Defenders cost? That will depend on your income I spoke with an attorney today and he said that they usually end up costing about $700.00 anyway and this is in New Hampshire. He said he cost $1000.00. Is this guy just that desperate?
I do have another question though. I just heard something about a pre-trial diversion program? Now is that something this man can enter before the arraignment, or is it only offered at the hearing from the judge? I'm really not sure what it is - could someone please explain this to me? Sorry I'm not familiar with any of this law stuff!
Its usually part of a plea deal your Attorney arranges with DA. It is your best possible outcome outside of aquittal. Talk to your Attorney about this option
Responding to the Summons Court given to him, he must appear in court. Is it okay that he shows up alone since this 21 year old is broke as a college student and does not have access to a Criminal Defense Lawyer? Once he qualifies and gets a Public Defender (PD), will the PD speak with the prosecutor/judge/etc between after the arraignment and the next scheduled court date and try to set up a plea bargain? OR should he already have a PD before appearing before the arraignment?
courts vary on this so a call would be good idea. Often times the PD takes action and talks to DA before talking to defendant. So its wise to try to meet with PD soon as possible
