My case is a fleeing from an officer, which is a felony. My sentencing guidelines are 7 to 34 months. My guideline points is a 32. My cop is drop hab fourth, drop open intox and dwls and pled to fleeing an officer and hab 3 do 1 yr. in the county jail no earned early release and no good time. Can my prosecutor do that and not consider reform legally? Is there a case similar to mine?
1 Answer from Attorneys
A prosecutor doesn't have to even make a plea offer to you. You don't have a constitutional right to receive a plea offer. Here, the prosecutor was essentially telling you and the judge that he/she was not recommending that you go to prison (thus, the 1 year jail cap). But adding the "no early release or good time" is something that the prosecutor wants YOU to give up in the deal because it guarantees 365 days IN jail (not just earned jail days) to assure the public that it will be safe from your antics. The prosecutor is offering that both sides trade something they could get: the prosecutor trades away a possible prison term, and you trade away any early release from jail. If you went to prison, you would not get any "good time early release" because of our Truth in Sentencing law; and you would be ineligible for Boot Camp because you were convicted as a habitual felony offender. You asked if a prosecutor has to "consider reform", and I assume that you mean consider reform by you the defendant. The short answer is "yes", but that doesn't require the prosecutor to give much / any weight to it. We don't know the FACTS of your case (because you don't tell us anything about the facts and dynamics of your fleeing / eluding, or tell us which degree of F&E this is. We don't know what your driving record is, whether you've been convicted of crimes involving fleeing or resisting police before, etc. We do know that you've been convicted as a felon at least 3 time before. Without more details, we cannot answer your question with more assurance.
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