Posted on / Jun. 21, 2020 21:04:27
This sounds like a situation wherein the actual prosecutor believes he/she’s a witness to an NCO violation, perhaps a jail call (that they listen to). It’s a much trickier charge to get out of since the threat of amending the charge is easier than you’d ever imagine for the State to prove. If your inmate can’t read the BOLD writing just above the jail phone that says, “All phone calls are being recorded,” please remind him NOT to ask the V to “not press charges” etc., because the State can prove the phone call even if you don’t cooperate! So in this case it might make sense for him to plead guilty to the first charge if the State agrees to drop the NCO (phone call from jail) charge. Because each charge carries a maximum of 1yr. of jail and $1,000 fine. 3 NCO violations in 5 years is a felony and carries up to 5 yrs of prison and a $5,000 fine. So I’d take the 1 for 1 offer myself! Good luck! That’s a tough break but be smart and don’t try and fight this one! You won’t win!