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Will an open plea of guilty help us at sentencing if we turned the plea bargain down?

My son plead guilty to 3 felonies of robbery but his public defender advised us to do an open plea which requires a pre-sentencing investigation and me, his mother, to speak to the judge. My son has diabetes, bipolar disorder, impulse control disorder, ptsd, adhd, tourette syndrome and a low IQ. After he did this, there was a big write up in paper, quoting the D.A saying that he could get up to 21 years in prison for not taking the plea bargain. We are having a hard time trusting his public defender. Can we trust him or do they make private deals we don't know about? I wanted them to do a psychiatric evaluation but the defender said absolutely not because your son understands me when I talk to him.


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    Lawrence Lewis, PC | Lawrence Lewis
    242 Culver Street, Suite103
    Lawrenceville, GA 30045
    (678) 407-9300
    Then you should have retained an attorney.
    Answer Applies to: Georgia - Replied: 9/25/2013
    R. Tambasco | TAMBASCO & ASSOCIATES, P.C. Attorneys at Law
    One N. Pennsylvania St.
    Indianapolis, IN 46204
    (317) 686-0000
    I'm certain that no "private deals" have been made. An open plea is strategic move that an attorney will recommend at times because of the facts of the case, the condition (medical or otherwise) of the person and familiarity with the court in such situations. The appropriate sentence will argued by the attorneys with the court making the decision based of what it receives. In many cases the result can be a lower sentence than that offered in a plea. This is of course the objective but not a guarantee. There is always a degree of risk involved but depending on the circumstances it may be an acceptable one. Without any other facts than that provided it is difficult to say. Also keep in mind that a prosecutor doesn't want a lower sentence than what has been offered. That said, a prosecutor may at times employ tactics designed to dissuade one from pursuing a course which might result in a lower sentence.
    Answer Applies to: Indiana - Replied: 9/19/2013
    R. Michael McHale | McHale Law Firm
    631 Kirby St.
    Lake Charles, LA 70601
    (337) 990-0093
    I'm not sure where your son's case is, but most Public Defenders are very hard working and have a good feel of the courtroom. I suspect he feels that the Judge in this case will probably give him a better sentence that what was offered by the DA. Also it will be better for the Judge to have the pre sentence evaluation done because then he can have a better picture of your son than just the information about the crime that the DA decides to give him. I know your nervous but it sounds like your son is in good hands.
    Answer Applies to: Louisiana - Replied: 9/19/2013
    Thomas E. Gates | Gates' Law, PLLC
    651 Strander Blvd., Suite 209
    Tukwila, WA 98188-2953
    (253) 332-7899
    With a plea offer you know the sentencing terms proposed to the judge. With your son's open court plea of guilty, he lost any "control" on his sentencing terms. Your only hope is that the pre-sentencing investigation finds something that will give him a break on his sentence.
    Answer Applies to: Washington - Replied: 9/19/2013
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