Can your public defender and the prosecutor in your case order treatment for you without a verdict?

My brother used a public defender for a second degree assault case involving his wife. She decided to evoke her marital right to not testify against him. The prosecutor and the public defender struck a deal that if my brother attended anger management and alcohol classes that they would postpone the hearing and find him not guilty at the postponed hearing. This just does not sound right to me.

Asked on February 4, 2013 under Criminal Law, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Based upon what you have written about a contingent plea deal was entered into between the two attorneys subject to approval by your brother. If your brother does not approve attending the classes, then there is no deal. Ultimately your brother has the final say on the matter. There is nothing improper with what you have written about.


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