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Barry Boches & Associates

Will My Lawyer Get To See All Of The Discovery Before Entering A Plea?


Your lawyer should see all items of discovery prior to having you enter a plea to ensure that entering a plea is truly in your best interest. If, however, you know that you are 100 percent guilty, then you won’t need to wait for a review of the discovery.

When Do Plea Bargains Typically Come Into Play In A Criminal Case?

The state will often make recommendations as soon as they have received all of the evidence. Felony assistants usually have about 100 cases on their docket, some of which need to be done sooner than others. Judges like to move things along, so these assistants often get judged on how quickly they move cases, and not necessarily on whether or not they handle the cases properly. In order to speed up the flow of cases, some judges will press the state very hard to get the discovery to the defense attorney. In a felony case, you shouldn’t expect to get a plea offer for at least a couple of months, but it will depend on the prosecutor, the judge, and the case.

Are Plea Bargains Available In All Cases?

Plea bargains may not be offered in murder cases.

Is There A Time Limit On Taking a Plea Bargain?

In many cases, a plea bargain must be accepted or refused by the first day of pre-trial; if it is not, then the offer will be withdrawn. What many people don’t know is that you can enter a plea bargain with the state, but it is not binding on the state until it has been entered in front of a judge and the judge has accepted it. This means that the state’s attorney could choose to withdraw their offer at any time for any reason—even in the middle of a plea. Accepting a plea is similar to signing a contract by which you agree to give up your right to remain silent, admit guilt, and give up your right to have a trial.

For more information on Viewing Discovery Before Entering A Plea, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.

Barry Boches, Esq.

Get your questions answered - call me for your free phone consultation (847) 244-4636.

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