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    quesha's Avatar
    quesha Posts: 2, Reputation: 1
    New Member
     
    #1

    Sep 20, 2006, 06:59 AM
    Plea bargaining
    I have read and appreciate all of your replies!. I don't know if this helps to answer my question a little more. My lawyer and I were just starting to plea bargain ( they offered me 6 months to a year ( gun possesion)).. So what I really want to know is will there me additional charges on top of the gun charge.. because failed to show up for another court appearance? I read somewhere that there is a statue of limitations(7 yrs) on gun charges, Is this correct? I definitely don't have that kind of time. I am also planning to switch attorneys.Can anyone recommend any good one's here in New York City?


    Thanks again to all who have previouly responded!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Sep 20, 2006, 08:06 AM
    Quote Originally Posted by quesha
    I have read and appreciate all of your replies.. So what I really want to know is will there me additional charges on top of the gun charge..because failed to show up for another court appearance?
    Thanks again to all who have previouly responded!
    Hello again quesha:

    You read them and appreciate them - you just don't believe them!

    I say again (maybe I should say it louder), YES, there will be additional charges put upon you. You WILL be sanctiond for not showing up. If that were not so, why would anybody ever show up?

    The statute of limitations runs from the time they discover a crime, and stops when someone is charged. You've been charged. Once a warrant is issued for not showing up, the warrant lasts forever.

    Third: Your plea bargain is out the window. IF you can make another one, I promise you it won't be near as sweet.

    excon
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Sep 20, 2006, 08:31 AM
    Hello again, quesha:

    Look, we're going to get bogged down in terminology, here. Of course there will be additional charges. You KNOW that. I KNOW that. EVERYBODY in the world knows that. You didn't think running away was going to be a freebee, did you?

    But so what?? It doesn't matter one iota!!

    What matters is what you're CONVICTED of, not CHARGED with. They can charge you with a dictionery full of stuff (AND THEY WILL). But, from what you've said, you had a gun and you ran away. You will be punished for those two things - but nothing else. AND your punishment isn't going to be as light as it would have the first time around. YOU know that too.

    However, the longer you wait, the worse it's going to be. Plus, if they CATCH you, it's going to be a whole lot worse. AND, they WILL catch you, someday...

    Get a lawyer, turn yourself in, do your time and get on with your life. Unless, of course, you LIKE living like an outlaw.

    excon
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #4

    Sep 24, 2006, 12:02 PM
    Once you agree to a plea bargain, that's a legal conviction by means of a guilty plea. Double jeopardy protects you from any further prosecution or trial related to that particular incident. Separate incidents, on the other hand, are just that ; separate incidents and can be prosecuted in their own right.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Sep 24, 2006, 01:18 PM
    If part of your plea is to include all the other offences then that is that, it isall just what is the deal. If you have some missing court dates, which each can have its own charge, have your attorney merely ask to have these included. ( note that is why you have an attorney and you should merely call him and ask him these questions,

    So if they are not included, yes you can get additional charge for the non appearance.

    Statue of limitation is merely the time from whem the crime happened to when you were chared. Once you are charged the time stops.

    So if you were carrying a gun around, and not arrested for 7 years after your crime happened, you have a issue there. But if you were charged and/or arrested they can go for years doing the case.

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