Legal Question in Criminal Law in Arizona

Armed Roberry

My son is in jail awaiting trail/plea bargain on a class 2 felony, armed roberry charge. He has a public defender; no priors of any type. Public defender says 5 years is good sentence due to type of crime. Police/detectives entered house without search warrant. How often will a public defender beat the state? Do they try to win the cases against the state? Should I hire a criminal lawyer; due to type of crime I was told that my son would have to do prison time regardless. Should my son agree to the plea bargain and accept 5 years.


Asked on 2/12/03, 3:26 pm

3 Answers from Attorneys

Jason Lamm Jason D. Lamm Attorney at Law

Re: Armed Roberry

The scenario presented is troublesome in that there are several issues that need careful and experienced review. Your son is facing the 'standard policy' offer of the County Attorney's Office. I used to work for that office and know many of the factors that are considered with pleas. I have successfully defended these cases recently. It takes experience and effort to succssfully handle a case. Please review my website at www.cyberlawaz.com and then call me to set up a consultation. Good luck.

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Answered on 2/12/03, 3:53 pm
David Alan Darby Law Office of David Alan Darby

Re: Armed Roberry

Public Defenders are overworked and underpaid. It is difficult to assess the case on the limited information you have provided me. What the PD is telling your son about 5 years may very well be true. PD's will fight the case, however, just like thing else it really depends on the individual. Basically, its a gut check if your and or your son are not comfortable with what this PD is telling you, then by all means get a second opionion. As a general rule however, if you can afford to hire a lawyer for your son, hire the best lawyer you can afford that of course you are comfortable with. I am not trying to be glib or cliche-ish, but its true.

Because of the public defender work loads, your PD is most likely extremely busy and overwhelmed and may not be able to pay the close attention to your son's case that's required to achieve a favorable disposition. I would be happy to discuss your sons situtation if you wish to give me a call toll free 888-620-0001. Of course this would be at no charge. If you get the message service leave me a name and number and I will get back to you within the hour. Also, please tell me which County this case is pending.

Best Regards!

DAVID ALAN DARBY

Attorney at Law

[email protected]

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Answered on 2/12/03, 4:07 pm
Ronee Korbin Steiner Ronee Korbin Steiner, P.C.

Re: Armed Roberry

I have read the other replies from attorneys and believe strongly that there are many PDs who are extremely capable and reliable attorneys. I was once a PD and although there can be a high caseload, they are ethical and diligent and in an opposite way are sometimes more diligent than a paid attorney because they do this work for a different reason.

That being said, it is a matter of the individual facts. Regardless whether someone has had luck defending these cases, it may not apply across the board. It cannot hurt to get a second opinion but there are several stages between the indictment and a conviction.

One option is a request for a deviation from the standard plea offer. Another is a settlment conference. Also, interviews of witnesses have to be accomplished so that the attorney can test the witnesses memories, etc.

THere are a lot of things to consider and while it MAY be appropriate for your son to accept that plea, there are too many questions left unaanswered at this stage.

Please let me know if I can help your son in any way.

Best Regards

Ronee Korbin Steiner

602-999-5555

Will travel to your home or office.

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Answered on 2/12/03, 5:14 pm


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