Is there any way to get my mother, who was arrested for 2 counts of sale of a controlled substance, a deal from the DA?
Question Details:
My mother was arrested for 2 sales of a controlled substance (7grams of cocaine total); they charged her with a class B felony. The DA has a personal issue with her, and has for years, he is unwilling to negotiate a deal but has been known in the past to let people walk on more severe charges. She is a first time offender. From my understanding, she is able to receive a 5 year probation sentence but the DA wants jail time. Is there any way we can have a different DA assigned to the case, are there any other options he may be willing to agree to?
Criminal Defense Law Answers
The state has what is called prsecutorial discretion. this means that the state may charge and prosecute you with what ever crimes it deems appropriate. The state does not need to make any type of deal or compromise with you. The state is permitted to prosecute your mom based on the statute that she is charged with an while there is a deal that can be cut or a minimum penalty that can be imposed. rather the state is able to charge the most serious crime under the law. Once a state's attorney gets a file the state does not turn it over to a new attorney becasue the defendant does not get along with the state. I suggest trying to hire a lawyer that does a lot of criminal work and may be familiar with the state's attorneys.
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