Can a defendant refuse to accept a plea offer from the District Attorney for time served time served?

Here, rejecting the plea offer would not necessarily have resulted in a more favorable outcome for defendant. As acknowledged in his signed Tahl waiver, defendant could have received up to three years' jail time for the section 273.5 violation alone. If defendant rejected the credit for time served offer, he risked going to trial on the existing section 273.5 charge plus a great bodily injury enhancement, thus facing the possibility of a longer prison sentence, strike consequences, ineligibility for probation, as well as negative immigration consequences. Counsel advised defendant of the risks and he opted to take the credit for time served offer. In light of the negotiations preceding the offer and the district attorney's office policy against considering immigration consequences, defendant fails to show there was any other likely scenario under which further negotiations would have improved his choices.¹² In the absence of a showing of prejudice, there is no basis for reversal on grounds of ineffective assistance. (People v. Davis (2005) 36 Cal.4th 510, 551.)