Monroe, GA asked in Criminal Law and Federal Crimes for Georgia

Q: If you are charged with 3 possession charges & only plead guilty to 2 are they able to be combined as one plea?

Bf was released Apr2017 after 7y in prison (Burgulary) He was arrested again Apr2018 on a pv & 3 poss charges (pleaded guilty to 2 & not guilty to 1-Meth) NOTE: he told them 2 was his & he wasn’t aware that the other was in the car of someone who was bringing him home. Still charged, charges was ran consecutive to one so the plea is not guilty. Court has the video of the incident. Bf told to plea out & get 5y, again to plea out for 2y, & again to plea out for 9m. Bf took it to trial, told that if found guilty DA would ask for a recidivist & to face the max (10y) in prison doing the entire 10 years. While awaiting trial he’s been arrested again on a theft by receiving stolen property charge, admitted he didn’t know prop. was stolen, gave officers the prop. back, was told he wouldn’t be charged since he cooperated & returned prop. but, arrested for another pv charge. Charged 9 days later for theft by rec stolen prop. & trial expedited to next month. I feel like they’re trying to trap him

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2 Lawyer Answers

David Edward Boyle

Answered
  • Criminal Law Lawyer
  • Monroe, GA
  • Licensed in Georgia

A: You can often resolve guilty pleas on multiple cases to run concurrent, that is at the same time, to avoid additional confinement time. I would encourage him to hire a lawyer.

Alexia Dawn Davis

Answered
  • Criminal Law Lawyer
  • Augusta-Richmond County (Balance), GA
  • Licensed in Georgia

A: The court looks to the number of different indictment or accusation numbers for the purposes of recidivist sentencing. Although one indictment may have multiple counts, it is still considered one conviction. If the different charges each have their own indictment numbers, they are different convictions. Although multiple indictment numbers may be sentenced at one time and run concurrently, each individual case can be counted for recidivist purposes.

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