View Single Post
  #5 (permalink)  
Old 07-20-2008, 05:24 AM
GentleGrace GentleGrace is offline
Senior Member
 
Join Date: Nov 2006
Posts: 1,411
Send a message via AIM to GentleGrace
Default

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.
Reply With Quote
Find Criminal Charges lawyer