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  #1 (permalink)  
Old 03-30-2006, 04:16 PM
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Cool Plea barganing

My friend was offered a plea bargin and he didnt accept it because he claims he is innocent. If a defendant is offered a plea bargin, does it typically mean that they dont have enough evidence to convict in court/trial? Or does it mean they have enough to convict and dont want to go to court?
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  #2 (permalink)  
Old 03-31-2006, 04:45 PM
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Default

A plea is generally offered when the State has a weak case. This is the case many more times than not.
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Old 04-11-2006, 10:13 PM
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Default Better Advice For Sledmann

Speaking from 16 years experience in the criminal justice system, "on the inside", with as many years experience in criminal law casework, etc., here's the lowdown on your friend's case, based on the limited info you've provided:
A plea bargain is not necessarily offered simply becuse the state has a weak case or no evidence. The state would rather "plead" the case out instead of a time consuming and costly trial. If the defendant is guitly, in a plea, everybody wins.
iIf your friend is REALLY INNOCNENT, then more than likely, there is not enough evidence to convict. If there is no evidence, and he is innocent, why would your friend even consider accepting a prison sentence in exchange for a guitly plea? Makes no sense. Logic, my friend, sledmann.

There are more factors to consider in your friend's case that you have failed to include, some of which may come to bear on whether a guilty plea is in
order or whether to go trial, regardless of the evidence. Of one importance are prior convictions and/or criminal history. These should be considered when determining whether or not to plead guilty, even if one is innocent or not.
Think and plan very carefully, and remember, logic.
Mickwd1
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Old 04-12-2006, 12:27 PM
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Default More INFO

Thanks for your response. My friend was offered a plea bargin. He did not accept it because he is claiming innocence. They offered to reduced his 1st degree felony, life in prison to a 3rd degee, no prison time, and the felony would be expunged in 5 years.

But he will not admit to something he did not do. thanks for your input!! I appreciate it.
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Old 04-15-2006, 10:19 PM
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Smile Nosebiter

Back at you, sledmann, with some more philosophical advice.
Is your friend kidding?
Let's see here -life in prison vs. no prison time and expungement after five years.
Has your friend ever been to prison?
C'mon, it's a no-brainer.
If your friend is willing to take the risk of a life sentence, then I must presume
the charges are extremely severe, and so bad they don't want the social stigma that will come with it. I can understand the concern, but facts are facts and reality is reality. Hope is an entirely different animal. In my opinion, your friend fails at every level in logic and reason.
Consider this, if I may suggest: It certainly will be a lot easier to deal with the social stigma or embarassment of this guilty plea, while he exercises his freedom, than it will dealing with life in prison and all the uncomfortable situations that come with that. Trust me, speaking from experience, once there, that pride that told your friend not to admit to anything, will disappear becasue they will be too busy watching their a__ __. At that point, his pride will not mean a thing, and they will wish for the opportunity to plead guilty.
Sometimes in life, what seems to be the most difficult, less attractive path in the present, many times turns out to be the best road to travel for the future. This seems to be one of those times, and one of those roads for your friend.
Oh, if we only had the abiltiy to see into the future, huh, sledmann?
Better have your friend seriously consider the ego here.
My mother used to tell me,"don't cut off your nose to spite your face."
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