Families of SOs Community Group
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RI just had a murder case thrown out because the cell phone that was the main body of evidence wasn't obtained with a warrant.
I guess the longer time goes on the better of a chance there will be to just get probation or something. I keep reading all sorts of crazy stories.
So I received my letter yesterday from the public defenders office about a court date. Being the weekend I can't call for answers. But there are some questions that maybe people on here have insight to.
It says the state can seek a continuance but can the public defenders office do it as well?
It says that I may be charged at that time where upon the judge, prosecutor and public defender will negotiate. So is this the plea, discovery phase and plea deal all rolled into one date??
Makes it sound as if it takes place behind closed doors and not in an open courtroom?
After the arrest, they have 48 hours to have an initial court hearing called an arraignment. At that time, you will be formally charged, appointed an attorney if you cannot afford a private attorney, and bail will be set.
No, your attorney will most likely not negotiate a plea at this time. Almost everyone pleads not guilty at the arraignment. Your attorney will not plea at this time because he will want to see the evidence against you.
The discovery phase is a pre-trial phase in which the two sides trade evidence with each other. Interviews, depositions, etc., are swapped by each party, both the prosecution and the defense.
The discovery phase will enable your attorney to see how much the state has and the evidence against you. The discovery phase along with the preliminary hearing gives the defense attorney a good idea of what the state will use against the defendant.
Yes, the defense can also ask for a continuance.
I don't know when your attorney will try to work out a plea, but that is usually some time well after the arraignment. It can be done anytime, of course.
rewdiazepam
I am now reading Tuesdays With Morry. A fantastic book but a rollercoaster of emotions.
Turned myself in-no plea entered just bail.
Court date set for May 29th and is called the Pre-Arraignment Conference in which four things can happen
1 Continuances can be filed
2 The state will determine if there is sufficient evidence for felony charges, if not it will be entered as "No Information" BUT the charges could be brought back at any time.
3 I will be charged at which point any evidence will be handed over to the public defender and negotiations will start between me, pd, prosecutor and judge.
4 No offer may be given and my case will go straight to superior court.
I would ask your defender or lawyer why you were processed so early on. My guess is that they just want to know who you are and to get you into the system. I did that with probation as I had a fully suspended sentence. I do think my experience in the legal process was a unique one. In my legal case I had received from the judge a lesser sentence that the plea deal offed by the DA prosecutor. I am not sure if all the sates do that or not.
I am glad that you do have some kind of support network. I find it very much needed and helpful to have support form family and loved ones even if they live far away.