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Old 09-19-2009, 09:32 AM
 
3,562 posts, read 5,224,475 times
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Quote:
Originally Posted by c21boquetebocasgold View Post
You're right there are a lot of plea bargains and at least what I saw and heard from both prosecutors and defense attorneys I worked with, a lot had to do with say first time offenders and a plea arrangement was worked out - not someone who was innocent just going 'okay, I'll accept the plea bargain even though I'm not guilty'.

Plus the fact that with some of the things that are considered crimes being prosecuted, a lot of courts have very full dockets. So between the right to a speedy trial and the above, I personally feel it really comes down to the fact that there is enough evidence to proceed to trial (the defendant 'knows' they committed the offense) and chooses to accept a plea bargain vs. taking their chances at trial. Course again, not an attorney though down here I sure as he$$ wish they'd let me take the bar LOL I can just see a judge now trying to understand my Spanglish!
I have seen some cases where the charge is so far out of line with the offense or there are 6 or 7 charges that were tacked on and that is begging for a plea deal. When you read the police report you can't even find the offense or 5 of the other offenses. I have seen this done even if there were past offenses.

Pbbbt. I don't want to take the bar but, I can butcher Spanish like no other. Sometimes I manage to butcher English.
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Old 09-20-2009, 01:16 PM
 
Location: Hermoso y tranquilo Panamá
11,874 posts, read 11,044,492 times
Reputation: 47195
Quote:
Originally Posted by Pandamonium View Post
I have seen some cases where the charge is so far out of line with the offense or there are 6 or 7 charges that were tacked on and that is begging for a plea deal. When you read the police report you can't even find the offense or 5 of the other offenses. I have seen this done even if there were past offenses.

Pbbbt. I don't want to take the bar but, I can butcher Spanish like no other. Sometimes I manage to butcher English.
Yeah, there are cases where after the initial arrest/charge other charges are added on after everything has been reviewed and another reason why especially the defense attorney needs to be on the ball - though even prosecutors will look at something and say WTH is this if it doesn't fit. I don't think though IMO it's a tool to get an 'innocent' individual to plea out v going to trial. And you're correct plea bargains can and are offered to repeat offenders depending on the type of charge - going back to full dockets, etc. Now there are flat out some that I think shouldn't be allowed to plea out and should rot in jail though JMO.

Though I will tell you a funny story, or at least one I think is funny and where it shows a defense attorney needs to do their darn job and be on the ball. It was a case where the arresting officer used, as PC for the stop, that the driver crossed over the yellow line and was weaving. At the time of the stop it was almost whiteout conditions, snowpacked roads so needless to say the driver couldn't even see the line and barely could see the road itself. My boss (cause I was working for criminal defense attorneys then), did his job and the PC for the stop was thrown out.

And LOL on butchering English. I used to pride myself on spelling and grammar, but after living in a spanish speaking country for 5 years, I find myself writing in english and forgetting how to spell words (like pharmacy - farmacia) Unfortunately spell check doesn't catch spanglish
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