Mitigation During Pretrial Negotiations

Summary

District attorneys in California commonly offer mitigation during pretrial, such as plea deals and charge reductions. If the prosecution delays discovery, your attorney can file a motion to compel. Unlawful Sexual Intercourse can be a misdemeanor or felony. Statements made under the influence during interrogation may be inadmissible. Consult your attorney for specific advice.

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California
In California, it's fairly common for district attorneys to offer mitigation during pretrial. This can include:
- Plea deals
- Reduction of charges
- Recommendations for lighter sentences
This is usually subject to the nature of the case and evidence available.
My attorney said we weren't going to plead guilty
That's a significant decision. Can you share more details about your case? This will help me provide more relevant information. Remember not to disclose any confidential information though.
The district attorney has been really bad on getting discovery. I doubt they have any evidence. The only thing they have is a police report. Secondly it's a
I see your concern. To clarify, are you saying the district attorney has been slow in providing discovery, or that they haven't provided it at all?
They have been really slow
I understand your frustration. Here's what you should know:
- In California, the prosecution is obligated to provide discovery in a timely manner.
- If there's a delay, your attorney can file a motion to compel discovery.
- Continued delays can lead to sanctions against the prosecution.
Secondly it's aisf
I'm sorry, but I didn't understand what you mean by "aisf". Could you please clarify or provide more context?
The district attorney has been really bad on getting discovery. I doubt they have any evidence. The only thing they have is a police report. Secondly it's a misdemeanor that is rarely prosecuted. They wantedy diagnosis for mitigation too.
I see, it's a rarely prosecuted misdemeanor and they've requested your diagnosis for mitigation. Could you please tell me what type of misdemeanor it is? This will help me give you more specific information.
Unlawful sexual intercourse
In California, Unlawful Sexual Intercourse is a "wobbler" offense, meaning it can be charged as either a misdemeanor or a felony. Based on your situation:
- Your medical diagnosis might be considered for mitigation.
- It's crucial to consult with your attorney before sharing any health information.
- The rarity of prosecution doesn't guarantee the same outcome for your case.
My attorney asked for it. I don't think they have any evidence because when my attorney got the discovery it was only a police report
It's important for your attorney to assess all possible evidence. Are there any specific concerns you have about the police report that makes you question its validity or relevance to your case?
Yea. The police report was a conversation that me and a school resource officer and an assistant principal had.
I understand. In California, certain conversations may be considered "hearsay" and may not be admissible in court. However, there are exceptions. Consult your attorney about the specifics of your conversation. They can advise you best.
What are the exceptions
In California, hearsay exceptions may include:
- Statements made under oath
- Spontaneous statements
- Statements made for medical treatment
- Statements against interest
Always consult your attorney for precise application in your case.
What's a spontaneous statement
A spontaneous statement, often termed as "excited utterance," is an exception to the hearsay rule. It refers to a statement made in response to a startling event or condition while the declarant was still under the stress of excitement from the event or condition.
What is a statement against interest
A "statement against interest" is another exception to the hearsay rule. It's a statement made by a person that is against their own personal or financial interest at the time it was made. This could potentially indicate the statement's reliability, as people usually don't make statements against their own interests.
What happens if the suspect was under the influence of marijuana
In California:
- Being under the influence of marijuana during the commission of a crime can affect the case.
- It may potentially impact the suspect's intent or ability to commit the crime.
- But, it's not a guaranteed defense and depends on specific circumstances.
- Always consult your attorney for precise application in your case.
What about during a interrogation
Could you clarify whether the interrogation you're referring to occurred while the suspect was under the influence of marijuana, or if there are concerns about the conduct of the interrogation itself? This will help me provide more relevant information.
It was during the time of being intoxicated
I understand. In California:
- A suspect's intoxication during an interrogation can potentially affect the admissibility of their statements.
- If a suspect was not able to knowingly and voluntarily waive their rights due to intoxication, any statements made may be excluded.
- You should discuss this with your attorney.