Punishment doesn't fit the crime

My 18 y/o daughter was arrested and charged w/ possession w/ intent to distribute w/in 2000' of a school. She was at a friends house and there were others there too. They were smoking marijuana and the house got busted. There were 2 bags of marijuana and some paraphanelia found at the scene. My daughter and three boys were all charged w/ the same thing.
We took a court appointed attorney hoping that they would drop her charge to a misdemeanor possession of marijuana (without the intent). We met with the attorney today and he informed us that the DA is recommending a 2 year Drug Court sentence. I think this is too harsh for a child who has never been in trouble before and made a stupid choice to hang out and smoke pot. We told him we didn't want to take that deal. He went back to talk to the DA and came back at us w/ possession w/ intent and a 5 year deferred sentence. We still were not happy w/ the offer.
We asked the attorney if we could meet w/ the DA along w/ attorney and he said we could but it probably wouldn't do any good.
We waived the right to preliminary hearing today because the attorney said if we didn't waive the hearing the offer of the 5 year deferred sentence would no longer stand. We go back to court on 7/24.
We are seeking other representation at this time.
Does anyone have any advice that might be helpful?

My feeling is you are taking a way too friviolous view of what your child has done. There is so much more she COULD have been charged with---what you are being offered seems more than reasonable, based on other similiar cases.

However, if you are not satisfied with your representation, hire an attorney and have him attempt to plea bargain for you. But, my feeling is you will not get a better deal. In fact, I think the first deal they offered you was better---I'm not sure if I would want an "intent" charge on my record.

You always have the option to hire a different attorney.

Critical? Telling you that you don't seem to understand what your child COULD have been charged with is critical? My POINT was---she COULD have been charged with much more serious offenses. (note--I didn't say she SHOULD have been, I said she COULD have been). That is critical?? ---critical of who? I didn't reference you personally in the least.

I also said you have the option of hiring an attorney who better represents your feelings and interests. Critical? Ummmm, 'kay.

Also, the point I was trying to make, that completely escaped your notice was that your ( or my, or the neighbors or the milkmans) opinon of the sentence is immaterial. OJ is a free man--ask me my opinion about that? Unfortunately, the court system plods along slowly and my FEELINGS about outcomes of trials are irrelevant to the actual outcome. FEELING that something is unfair doesn't mean there is something you can do about it from a legal standpoint. The only thing you can do is seek help from another attorney ( third time I have said it).

You think your child received an unfair sentence? My husband burned to death in a truck at the hand of a school bus driver that was under the influence, traveling on the wrong side of the road, leaving me a widow with seven minor children--ask me my feelings about that?? The fact that this man is even ALIVE infuriates me--but, unfortunately MY FEELINGS about his charges, and his sentence is immaterial to the reality ----that they are what they are. My feelings of anger, violation, rage, etc. is not only irrelevant, it is counterproductive. Understand? My dear, you do NOT own the corner on the feelings you are describing. The legal system is not perfect.

How you read criticism into that is beyond me.

If you feel you haven't had adequate representation, seek the help of another attorney. But be advised the sentence you are objecting to is NOT uncommon for the scenario/crime you described. Now, if it were possible to cite other relevant case law where other defendants received lighter sentences , thereby suggesting that your daughters was unfair, then you might be able to prevail in attempting to get a different sentence/plea bargain offer. My point is---it would be difficult to FIND where judges handed down noticably LIGHTER sentences for this offense. Got it?

Also, another point I attempted to make that you completely ignored---I am not sure being offered ( the intent) charge is a BETTER offer than the first offer you received. I would consult with another attorney---I'm not sure I'd want an intent charge on my record, period.

Everything I said here ( repeated, actually) is the same thing I said in my first posting----if you want to take issue with every self imposed nuance, feel free to do so.

Oh, and you are welcome.

If it were my kid I'd go to trial. I mean she was smoking pot at a friends house and they try and stick this serious felony charge on her. Prosecutors don't have to make deals and you don't need to feel like a deal is your only option. An attorney who knows your courts and judges and what evidence they have, how the search came about, etc will be able to tell with certainty what you can expect.

Where does it say she was charged with a felony? Even her pleas are misdemeanor charges. (with or without intent).

While I agree she can request a jury trial, you made no mention of the risk of having a jury trial. One of the reasons plea bargaining IS so prevalent is because it IS risky having a jury trial. Her daughter would have a 50/50 chance of getting someone like you and your opinions about drug usage which would be good for her, and a 50/50 chance of getting someone like me and MY opinions about drug use and my feeling about "bad choices", which would not bode well for the verdict.

Obviously she CAN have a jury trial, but there is a risk there that she avoids by accepting a plea. Usually jury trials are requested when there is a chance of acquittal---and the choice is guilty or not guilty. According to the poster, that doesn't seem to be her point---she admits guilt. I'm not sure leaving your fate up to a group of people is the best choice when the issue is harshness of sentencing---although clearly, it is an option.

Also, the fact that she waived the right to a preliminary hearing ( "waived time") is also significant in affecting her options at this point. I am not sure if, in her jurisdiction, she can request a jury trial at this point. In some instances, when the defendant waives time, they cannot revert and ask for a prelim hearing ( to establish probable cause to proceed). But, the more time that goes by, the fewer options she has.