What Are The Steps For An Attorney To Negotiate From A Serious Felony Strike All The Way Down To A Dismissal?

Bail Bond Cowboys wants the public to have answers to the myriad of questions that surround the criminal justice system and your constitutional rights. We bring those answers to you in the form of video interviews by Attorneys.Media of legal experts in your area and across the country.

Ray Hrdlicka – Host – Attorneys.Media

“How often does that really happen?”

Andrew Dósa – Criminal Defense Attorney – Alameda County, CA

“It happens often enough to be a goal that a defense attorney will have.”

Ray Hrdlicka – Host – Attorneys.Media

“Okay.”

Andrew Dósa – Criminal Defense Attorney – Alameda County, CA

“When I’m looking at a case, and here’s a checklist so to say, when I’m looking at what a defendant will face in terms of a sentence, I’m typically looking at the worst-case scenario. Is this going to be a 25-years to life? 15-years to life? Is life exposed? In Alameda County, they’re not doing capital cases, not seeking the death penalty, so it’s not something I have to concern myself with. Some cases in some counties you have to worry about the death penalty. If you take that off the list because it’s not going to be a typical scenario in your case, very few cases are death penalty cases, then you look at…can you avoid a strike? Can you avoid a charge that is a serious felony? Then you look at…is it possible to avoid state prison? If I have a choice between getting my client to state prison versus county jail, they might want county jail more. A couple of clients have wanted state prison because they thought it was safer. They liked it better than they liked Santa Rita, which is a statement about our Alameda County jail. But where my client will go, that’s a significant consideration. So the more serious, state prison confinement. Also, by the way, I would want to avoid that because if they get a criminal case in the future, a prior state prison confinement will get them at least a year of extra time on the new charge.”

Ray Hrdlicka – Host – Attorneys.Media

“There are a lot of people that do not know that.”

Andrew Dósa – Criminal Defense Attorney – Alameda County, CA

“So then, what I’m also looking at is what are the enhancements that are included? Is there a gun enhancement? Can I get rid of the gun enhancement? Not likely. The District Attorney’s view in Alameda County, and most counties, is if a person’s been using a firearm, I want everyone in the future to know that’s what this person’s been doing. Sometimes I’ve gotten that out of the mix. So from there, I next look at is it possible to avoid a felony and get a misdemeanor? So my client in Mariposa, my goal is for him to have a misdemeanor and not a felony. Then, it’s really a matter of….are there fines that are going to be greater or lesser? By the time I’m here, I’m really looking at is it possible to get an infraction? And of course, the ultimate goal that I would have in every one of my cases, if I can reach it, I would want to get a dismissal. That’s my checklist from more serious consequences, and I want to work my way down to eliminate the worst scenario and give my client some breathing room. In a sense, what I do is I broker the consequences for my client. I’m a pain broker. The least amount of pain that my clients have, based upon me negotiating for them, that’s my goal, that makes them happier.”