one question i had about the indictment with the FBI. Was that there was someone who was indicted on a previous business and the one my son was in too.

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one question i had about the indictment with the FBI. Was that there was someone who was indicted on a previous business and the one my son was in too.

He somehow got out of both of them. He was very involved with the businesses. How does a person like that get a plea to do no jailtime, when the others brought in much less money, and have a record for the rest of their lives? This other person was much more involved. Is there a public law 302 or 302A, that will make all of this public knowledge?

Asked on April 14, 2009 under Criminal Law, New York

Answers:

S.B.A., Member, California and Texas Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The person was indicted for the same offense, but they did not proceed with prosecution, or reduced the charges, or offered a better plea bargain ?

If so, maybe that person agreed to cooperate with law enforcement (informer). Possibly they had information concerning more serious offenses they could 'bargain' with for reduced/dismissed charges or sentence. Possibly they will be a witness in those cases. Or ...

Some attorneys are very adroit in plea bargaining. They may fashion an agreed sentence which sounds great, but has strings (no jail, but five years probation and if he re-offends, that will cause an automatic sentence of five years, as opposed to two years straight jail time, no probation).

Sometimes taking an early plea results in a better sentence. Evidence regarding defendants may also be different and their past criminal history has an effect on the plea offers.

In most cases with multiple defendants, the sentences will vary greatly.


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