Q: If appeal for retrial is accepted, will he still be able to plea bargain before the next trial?
My friend is charged and found guilty (felony 3rd degree) of selling 250 pcs of counterfeit clothing in the state of Illinois. He is waiting sentencing, which will be next month. He has a clean record. His wife is a U.S. citizen and he is a Permanent resident. My question is 1) If his appeal for retrial is accepted, will he still be able to plea bargain before the next trial? 2) Will he be deported and/or jailed for 3rd degree felony even if he has a clean record?
A: There is no right to plea negotiations. An offer can be requested at that time but the State is under no obligation to negotiate.
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