US Legal Forms
Legal Resources
Questions & Answers
Criminal
How Can a Defendant Lose the Right to a Plea Bargain?

How Can a Defendant Lose the Right to a Plea Bargain?

Q: What happens to first-time juvenile offenders?

First-time juvenile offenders often receive leniency, focusing on rehabilitation rather than punishment. They may be offered diversion programs, counseling, or community service instead of formal charges. The goal is to prevent future offenses and guide them toward positive behavior.

Q: What is the most common juvenile court outcome?

The most common outcome in juvenile court is probation, often accompanied by required participation in counseling or community service. This outcome aims to hold the juvenile accountable while providing support to help them avoid future offenses.

Q: What hearing determines innocence or guilt of a juvenile?

The hearing that determines the innocence or guilt of a juvenile is called an adjudicatory hearing. During this hearing, evidence is presented, and the judge decides whether the juvenile committed the alleged offense. This process is similar to a trial in adult court but is generally less formal.

Full question:

My sixteen year old son had a felony hearing 04/15/10. Before it was his turn to go in front of the judge, I accidentally overheard my assigned council and the felony D.A. in their meeting before court started. I am hearing with my own ears that my assigned council is not in my sons best interest! She was angry at our family for not following her advice, and told the D.A. to do whatever the D.A. wanted. I was frozen in shock. The D.A. says they want to keep it a felony B, (not reduce the charge to a misdemeanor) then. They leave the room to go into court. I am standing there frozen in shock at what I just over heard. Now they are up before the judge to give their recommendation or whatever is next, and I finally recover my wits, stand up and ask to come forward, tell the judge it has come to my knowledge that my sons lawyer is not acting in his best interest. He then dismisses my lawyer and postpones for one week. The D.A. spoke before closing saying she wants it on record that they want to keep this a felony charge. Now we leave court and I don't know what to do! My son is back at the holding center, I have to get another lawyer (it's Saturday!) and I am not sure what just happened! Did he just lose his chance to have the charge reduced?

Category: Criminal
Subcategory: Pleas
Date: 04/07/2025
State: New York

Answer:

It appears from your description that the former attorney was found to not be upholding his duty and dismissed by the court in order to postpone the hearing to allow time for another attorney to be appointed. I'm assuming that the court will appoint another attorney. At that point, the new attorney should be able to negotiate a new with the prosecutor regarding a plea bargain unless your son has already entered a plea in the case. It appears that the prosecutor is unwilling to offer a plea to a lesser charge at the point, so it will be a matter of negotiation with the new attorney. I suggest you consult a local criminal defense attorney, who may be able to negotiate for a plea bargain or lesser penalties.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the 4 steps in the juvenile justice process?

The four steps in the juvenile justice process typically include: 1) Intake, where the case is reviewed to determine if it should proceed; 2) Adjudication, which is the hearing to determine if the juvenile is guilty or not; 3) Disposition, where the court decides on the appropriate consequences or rehabilitation; and 4) Aftercare, which involves support and supervision after the juvenile has served their sentence. Each step aims to address the needs of the juvenile while ensuring public safety.

What is the most common sentence for juveniles?

The most common sentence for juveniles often includes probation, community service, or participation in rehabilitation programs. In some cases, juveniles may be placed in a juvenile detention facility. The focus is generally on rehabilitation rather than punishment, reflecting the understanding that young offenders can change and benefit from support.

What kind of sentence is a juvenile offender likely to receive?

A juvenile offender is likely to receive a sentence that emphasizes rehabilitation, such as counseling, community service, or probation. In more serious cases, placement in a juvenile detention center may occur. The court typically considers the juvenile's age, prior record, and the nature of the offense when determining the sentence.