Following a Howard County Robbery Arrest
Following a Howard County robbery arrest, someone can plead guilty or they can plead not guilty at a trial. With the help of a skilled robbery attorney, an individual should assess of the strength of the state’s case, the viability of a successful defense, and whether there will be a benefit as in a reduced sentence consideration or recommendation by the state.
Frozen or Forfeited Asset Options
Typically, the prosecutor has 45 days following a Howard County robbery arrest to decide whether they want to return to the property to the person or seek forfeiture in a robbery case. If they seek forfeiture then the defendant will receive a civil forfeiture action against the property which they can challenge. They will have to establish the funds, or items, are unrelated subsequent to the charge or the charges are inappropriate for seizure. A challenge is a laboring procedure and it is a completely separate and distinct proceeding.
Importance of Legal Counsel
Because a plea must be knowing, intelligent and voluntary with a full understanding of the repercussions, consequences and defenses and trial options being waived. Only an attorney can truly evaluate and assess the case and advise the defendant as to what the best course of action should be.
Is a Plea Bargain Possible Without a Lawyer?
A prosecutor is prohibited from having any substantive conversation with a defendant following a Howard County robbery arrest. The only thing a prosecutor can do for an unrepresented individual is ask whether they want to plead guilty or not guilty. If they want to plead guilty, they could tell them what they will recommend as a sentence.
However, a prosecutor will not discuss more than a recommended sentence with a defendant to avoid any possibility of alleged impropriety. When someone is deciding whether or not to take a plea bargain, they should consider the benefit they will receive by accepting a plea and the viability and strength of contesting the charges and going to trial.
Likelihood of Law Enforcement Seizing Property
Following a Howard County robbery arrest, law enforcement can seize property like vehicles or property if there is a nexus to the criminal activity. Someone who is driving their car and has possession of marijuana in their pocket – all the police can do is seize the marijuana.
If someone is transporting two pounds of marijuana in their car then the car is being utilized to transport and the operation of selling or dealing with narcotics. In that case, it can be subject to seizure. The individual can challenge forfeiture and if they get the money back then they can owe the person that but the person cannot get that money while the forfeiture is pending.