View Full Version : How many of our loved ones were talked into a plea bargain?


bluemama
11-28-2004, 01:40 PM
Good day, all!
Keep the faith! Stay focused.
how many of you had a loved one talked into a plea bargain? Usually under threat of being "buried in prison", like our son. Please specify FED or STATE, and let me know a little bit about the background if you don't mind. I'm getting ready to try and talk a really great professor into doing a presentation on plea bargains in the federal system to put in front of the us sentencing commission.
thank you!

chris's mom
11-28-2004, 01:58 PM
bluemama, My son took a plea on a drug charge. He was a first time non violent offender. he was 30 years old at the time of his arrest and had never even had so much as a drving charge. He was told by his court appointed lawyer that if he didnt plea he would be found guilt and sentenced to maybe 30 years, so he felt he had no choice. He bargained for a 15 years sentence 5 to be served and 10 years probation. His lawyer first told him that it could be thrown out of court because of illegal search and sezure but then changed to he would be found guilty if he went to court. We had no money for a new lawyer so he signed a plea. We are all at the mercy of a corrupt system.

1dayatatime
11-28-2004, 02:03 PM
State----Was told by the judge take the 5 do 2 or come before me in the courtroom and you'll do 10!--I can PM you some details later if you would like.

bluemama
11-28-2004, 02:21 PM
please pm or email, as you're comfortable. i've probably talked to about 500 people (in visiting rooms, online, at court, etc.) and i can safely say that at least 90% of them did the same thing we all did - out of fear, and not understanding that a plea bargain is just the laziest way for an attorney, a prosecutor and a judge to clear the desk. you're right, it's corrupt, chris's mom

nickave27
11-28-2004, 02:31 PM
MY BOYFRIEND TOOK A PLEA FOR PWITD AND A GUN CHARGE. HE IS CLASSIFIED AS A NON VIOLENT 1ST TIME OFFENDER. HE DID NOT USE THE GUNS OR THREATEN ANYBODY WITH THEM BUT THEY WERE IN HIS HOUSE WHEN THEY RAIDED IT. TO THEM HE HAD GUNS TO PROTECT HIS DRUGS. HE GOT 87 MONTHS FED TIME. HIS LAWYER TOLD HIM TO TAKE IT BECAUSE IT WAS A GOOD DEAL. THE PROSECUTOR TOLD HIM IF HE TAKES IT TO TRIAL HE WOULD BURY HIM AND MAKE SURE HE GOT 25 YEARS. SO HE IS NOW DOING THE NEXT 3 1/2 YEARS IN A CAMP.

PatitoDeHule
12-03-2004, 09:05 AM
Federal. First-time offender, non-violent, no weapons.

My daughter was arrested with 4.970 kg. cocaine and charged with possession with intent to distribute. A motion in limine to suppress evidence (for illegal search and seizure) was denied. She was held in a small town jail (under federal contract) for five months and repeatedly pressured to take a plea and incriminate others. She refused to incriminate others, but her lawyer told her that the court had over a 90% conviction rate on drug charges and encouraged her to bargain. She took the plea on the understanding that they would reduce the charge three levels and recommend that she serve her sentence as close as possible to home. Her lawyer indicated that she would get a five-year sentence (guidelines for the new level offense was 57-72 months).

At the sentencing hearing (3 months after the guity plea) they had added 4 points for "relevant conduct", in particular for not cooperating. The parole officer who prepared the PSR alleged she had made numerous trips through the area based on car rental records (she went to visit her grandmother once a year; this was an "extra" trip when she supposedly was going for recreation). Based on that he had doubled the amount of cocaine, and the judge, without hearing her out, simply stated "I can't believe you didn't carry at least 30 grams of additional cocaine." He sentenced her to 132 months, and she has been serving that time 989 miles from home where we are unable to take our grandchild to visit her. She has applied monthly for a transfer, but it has not happened yet. Next chance will be mid-December.

The appeal had been scheduled in August, but was delayed because of the Blakely issue. There is still no word on Booker and Fanfan, but they heard the oral arguments in mid-November. Her lawyer has indicated that from the questions asked, he believes they will reverse the sentence and she will get a new sentencing hearing reducing the sentence by "at least four years." My own expectation is that they will reduce it by five (back to the guideline level that was 57-72 months). We hope she'll be "eligible" for a camp within 500 miles of home so we can visit with her baby more often.

Neither her lawyer nor I expect the denial of the motion in limine to be reversed.

lovenomore
12-03-2004, 09:34 AM
We were offered a plea of 20 years with parole after 10...... He (my brother) murdered two people-long story if you care to know more it is in my intro or PM me. He did not take the plea because we had a very well known/expensive lawyer who all but swore he would not do any time in a prison but be in a hospital for a couple years....The outcome life with out parole!! There is not a day that passes we all don't wish he would have signed that paper. He would be home next year, but instead we are still fighting appeals and are now awaiting a date for the 4th trial now. Its been almost 9 years!!

see ladies and gents it works both ways!

bootie-bear
12-03-2004, 10:35 AM
hello everyone,
i am new to this.... my boo got eleven to fourteen years state for B&E. His lawyer told him that me and two of his other friends were not going to testify on his behalf. (which was a lie). We has spent the previous day in his office going over the case and what we were going to say. He told us to come to court at 12:00 in the afternoon which is the time his case would be heard, needless to say they tried him earlier and since we were not there he wasnt sure what to do, so he took the plea. Because he had prior B&E's they told him if he went to trial he would get 99 years! We are trying to get a sentence reduction because of lack of representation. but i am having trouble getting court documents his lawyer is not trying to work with me at all. Any one have any suggestions please let me know. Since then i have found out he has done the same thing to other people.

have a blessed day everyone.....keep us in your prayers

qwerty
12-03-2004, 11:09 AM
My guy took 29 to life for homicide and drug charges. He was 19 when he committed his crime. I am sure he'd have done much worse in a jury trial, we live in a county where juveniles who didn't touch a gun have gotten 40 to life in non-murder cases.

poni'swoman
12-03-2004, 02:14 PM
Federal. Conspiracy to manufacture. Pled down to 25 to life, cause he wouldn't implicate anyone else. The attorney even told him after that it was the worst plea agreement she had ever gotten. What a crock.

bluemama
12-03-2004, 04:49 PM
jeez, i'm so sorry for the troubles! as far as court records go, booty - you can get a transcript of anything, anytime through your records department at the courthouse. federal or state. you just need the name, a few dollars, and the dates and/or case numbers. that's your right. what to do with them is a different matter ...my suggestion is to get on the legal websites and find someone you can speak to who can go over the case after you get the paperwork. FAMM, Sentencing.org, FEDCURE...these all have just a wealth of information. usually the first appeal is denied - and we still haven't figured out why. the "second" is usually a 2255 in the fed, not sure in the state court - i'm sure someone on this board knows. also check out resources on this board - the board is just fabulous - i'm so grateful to have found it. best of luck to all of you. what a sad bunch we are...but don't lose faith, and please stay focused! we're all they've got, you know.

MissDB
12-04-2004, 09:05 PM
My bf got in trouble once, when he was 20, before we met for s/d of mari. and took the first offender and served 4 months in a bootcamp. And when you take the first offender, you can't get in any more trouble. Well my bf got in trouble just for hanging with the wrong crowd, again. And he got caught riding in the car with people that had cocaine on them, someone through it and the police caught my bf and "knew" it was his since he'd already been in trouble. So after sitting in county for four months he plead out, with the "advice" of his lawyer. So now, everything is all screwed up and I don't know how long he's got. The GDC web says 5 years for s/d of mari. and that was the charge before I met him. They haven't even added the poss. of cociane charge. I don't know this is so crazy...

Miss DB

Mistify
12-05-2004, 01:36 AM
My Sons first Prison Term. He had aDUI Hit and Run. He later went back one hour later. I took him myself. He was sobered up by then. He flipped a Suburban. There was one Lady of Drinking age and the owner of the Suburban. My Son was under age. She gave him the keys. She sat in the passenger seat. She tempted him with Driving her vechile. This was a cool ride for a young man of his age 18 1/2 It was all custom. Lowered etc etc. This woman. Was out running around with her Husband at home with there Children. She was seeing another young man at the time who was younger than my Son. She had her young boyfriends sistetr in the car, as well. This girl was on 14 years old. She is the one who bought the alcohol. There was a reson my son wrecked he was drinking and she was trying to grab him between the legs. Any way he swerved and flipped the ride. He then looked at everyone and asked the two girls. My Son asked if everyone was ok? They replied they were! He kicked out the window and took off. I took him to the California highway patrol. We went in the back room my Son gave a statement. He admitted to being Drunk and Driving. They never tested him. So they just let us go with a ticket to appear. My Son went to the 1st two court dates, The next court day he forgot and so did I. Stupid! The next morning I got a call that the police were looking for my son for Armed Robbery. Terrorists threats and about 4 other Felony's Assualt with intent to do Great Bodily injurt with a weapon! Naturally I freaked! I found my Son at his friends house. He was terrified. They were all out in force looking for him. I asked him? He said he did not know what they were talking about. He had been where he was and been there all nite. She said he had been there. Her 7 year old said he was there also and was still asleep when the little guy left for school on the couch! I as always have taught my kids. to take responsibility for there actions and not run Lets go to the sherriffs Dept. We live in a small town. We went there. The detectives questioned him. He denied doing any of it. So they were going to investigate further. He was ready to leave. They then arrested him on his missing his court date, I called when he missed and was told to have himn there the following wednesday. Well the arrested him not on all the suspected charges, but on the failure to appear 1 day after. I went and bailed him out. He goes to court and is going through the process for the DUI. All of a sudden they file charges on all the other charges. I Freaked. A well known business owner in our area. Stated my Son borrowed his truck. They found the victums house key and wallet in this other boys truck. This other boy had been in a lot of trouble in the last prior 3 months. attemting to run over a off duty police jogging holding himself hostage with a gun to keep the cops away! My Son said he had not borrowed this kids truck. The father was the one that found the wallet in his sons truck. I beleive the young man knew my Son and knew my son had recently been in trouble wrecking the Suburban. That's why he said my sons nam,e. Anyway It took me about 4 weeks and I finally came up with thhe 50.0000 bail they revoked his other bail in order to hold him until they filed charges on this more serious case. They just wanted my money or hopped I would not be able to come up with it. I cashed in my retirement because I knew these were trumped up charges. I'm glad I did they were trying to give him 17 years. Well I hired a attorney a long time friend. He worked and worked and I worked and worked and pounded the pavement and got all the info I could. It paid off. There 2 star witnesses were found to have been lieing the father and son in order to try to cover for his son he sauid his son and his truck were home? Well then how did my son borrow it? Any way they wanted to send my son away! This county hates him and me. I sued them prior for abuse of my son while in custudy I and my Son won! This is revenge. Anyway they were pushing it all the way! Well after enlightenment of our information! ( at the beggining he was given a public defender which was about 2 weeks from taking over DA. After I gave him the info I had" This public defender said He was removing himsef from the case. Conflict. He told the judge that he could not represent my Son cause he was socially involved with that boys family, and it was looking like he was more of the suspevct of this crime. thats when I hired my friend. So finally the Da was getting worried he knew if we went to trail we were going to win or it would be thrown out prior. Now the worst part. If he woulld not have missed him court date for the DUI. Anyway they were trying to hang him somehow. So they pushed that case his first DUI, They told him this is the plea bargain! If you go to trial on the serious several felonys and win? We are going to give the maximum of 4years . 6 months on the DUI. If you agree to plead to assualt with intent to do great bodily injury? We will give you a 3 year lid? Well isnt that sweet. He just wanted to get the least time. He plead to it. At sentencing the judge said we know you did not commit this crime and probably had no knowledge of it. (mind you this is in the transricpts) But you agreed to the plea bargain! My Son got sentenced to 3 years in State Prison. Well after my son did his time and was released. Guess what his papers showed? Still said assualt with a deadly weapon which is way worse! That was not the plea now 3 years later we are still trying to get the deadly weapon part completely removed cause his lawyer said that ewas not the plea bargain. It still shows up. I beleive they forced him into pleading a much more severe crime which they all new he did not do so they could have that on his record. He just as a young man of 18 wanted the least ampount of time. Usually 1st DUI in ca dont even get jail time. Well they made sure it said DUI whith injury. The lady went to the hospital. All the reports saidd no serives needednot so much as a asprin or a bandaid or anything. At the Pre trial interview by the lady she said she got a scratch on her wrist. No one seen it. The other thing is she never told the officers when they got to the scene that the 14 year old girl was in the vehicle also they had alredy hid her. But she named my son. Why because she was scarred now because she was out doing drugs and alcohol with under age kids cheating on her husbad and had to have a excuse for wrecking there brand new 2800.000 dollar vechile said he took the keys. Then why was she sitting next to him? Do u think they prosocuted her for why they had the alcohol in the 1st place? Hope this helps also guess what this other son of the business owner for all his bad charges he was going through prior they sent him to 6 months rehab and never even filed charges for all the charges they tried to stick my son with!

bluemama
12-06-2004, 10:35 PM
New development: US V WILSON...7th circuit court. The appeals court decided that the government acted in bad faith...and compelled the government to offer the 35k reduction in sentence to Wilson, who co-operated and withdrew a motion as part of a plea bargain. basically, the gov said ok let's give you this and that and told the judge they were going to, then turned around and said nah, you don't deserve it and you don't get nothing. the first court of appeals upheld that (ok on the gov opting out on what they promised). The lawyer took it back to the Appeals court and the 7th circuit (gawd bless them for having fortitude) looked at it real hard and said, hey - wilson's right...they acted in bad faith - and remanded, reversed and vacated. that's pretty good news for the rest of us - it's another case to cite when we petition for a re-hearing.
just to keep you all informed.
keep the faith!
stay focused!
mary

marcsbaby
12-06-2004, 10:41 PM
My Marc was "advised" that it was in his best interest to take a plea...State prison for 5-7 years......after the fact we regretted it but there was nothing we could do.....we were told he may get life without parole if we let the jury decide and we were scared.....at the time we thought that might happen cause our state is so screwy! But after the fact we realized different and wished we hadnt taken it....but then again, there was a chance that you go to trial and have a jury full of people who are having a bad day....you never know?!?!?

bluemama
12-07-2004, 04:10 PM
Thank you all for your stories and responses. I can tell they're heartfelt. (thumping my own heart in agreement). Here's the best I can do for us...please follow the news on Blakely, Fanfan and Booker. They're cases that are before the Supreme Court. Blakely has already been "decided", and now Fanfan and Booker are probably going to have decisions come down from the Supreme Court very soon. They affect your loved one! The only way you can file a motion to have your case reheard is on a basis of two points: NEW EVIDENCE, or NEW LAW. Now, as it stands, no-one knows if this change in laws is going to be retroactive, but I can bet you that the 188 month sentences and life without parole sentences that were handed out after our loved ones "plea-bargained" their way into a crappy deal because the US Attorneys and State Attorneys and Judges were lazy, hiding behind the mandatory minimum to just clear their desks and trim down their caselog- our loved ones will have a new direction and a new law to base a re-hearing on. So it's all good news, no matter what the decision is that comes down. Someone, somewhere - is looking at mandatory minimums and sentencing guidelines and they want to know HOW to change/fix/rework it. That's good news for all of us. So, keep the faith! Stay focused!

techietype
12-28-2004, 11:10 AM
When faced with the choice between 20+ years locked up and doing "only" one, two, or even three years even a completely innocent person is probably going to go for the plea. I feel so sad when when I read some of these stories.

BigDaddysBaby
12-29-2004, 08:54 AM
My husband took a plea -- a 6 flat in lieu of going to court and facing 15 to life. The victim was a reputable doctor from another country who'd gone back to his country. I attended all the court hearings which means I heard the remarks the clerks and the judge were making when my husband was not in the room. First off, the Judge Cooperman (Queens) DID NOT like him nor was he impressed with my husband's rap sheet. Second off the doctor was in his country, my husband felt The State of NY was bluffing, that The State of NY would NOT fly the man here to testify. Third off, the DA or ADA was gunning for my husband because his record repulsed her (and the judge).

I'm telling my husband that while he's in the waiting area I'm hearing the clerks say there won't be no problem for the state to finance a plane trip for the doctor to come testify at trial. I'm hearing them say the State doesn't care how they spend money. So I'm tellin my husband with him having a ridiculously long rap sheet that the reputable doctor could get on the stand and say my husband took a crap in the middle of the street and I do declare the jury would find the doctor's word to be highly credible, particularly since my husband was in no position to testify in his own behalf. He says he didn't do what he was charged with, I wasn't there so I don't know, but he feels had he gone to trial that he'd of won. Because 6 years then go home sounded better than 15-life if he blows trial, he took the plea, which was difficult for him because he had to admit to things he says he didn't do. Oh, and the grand jury minutes -- based on what was stated in them that testimony alone could of got him sent up. Every once in a while he still tells me he wish he'd of taken his case to trial b/c he know he would of won. A big black man out in queens with a long-tail rap sheet verses a doctor so reputable in his field that no other doctor in the hospital he worked with could cover for him?? Yeah, right -- I don't think so.

Jan7El
12-29-2004, 11:24 AM
My son has 2 felony charges that he pled guilty to because of the fear of sitting in the county jail for a long time, because he was young and naive, and because he had bad legal counsel.
Our county jail is a place that would be a condemned building if anybody other than "throwaways" were housed there. A new jail is finally under construction because two jailers were killed at the dilapidated jail due to the lack of protection for them also. Very sad for anybody who spends time there, locked up or otherwise. Anyway, my son was told that if he pled innocent that he could be stuck in that place for a year before his case came to trial. Even prison was better than that place so the plea bargain looked real good to him.
The problem is that at 17 my son never thought about the effect these charges would have on the rest of his life. All he cared about was getting out of jail the quickest way he could. Now at 21 he says he would not have pled guilty. But if he had done it the other way around, it could have turned out worse. He didn't have the funds to fight the charges. He had a public defender who did not even know his name. In fact, when my son's name was called in court, his public defender said he wasn't in the courtroom. He was sitting next to her on the bench! What chance did he have anyway? The justice system will never be equal until everyone can have the same representation.
A lot of innocent people have records because of plea bargains. But what would we do without plea bargains? The system does not work so there is a need for plea bargains.

These were state charges.

EddysWife
01-01-2005, 04:15 PM
My husband was a co defendant in his case. There was a woman being held on 150,000.00 bail for manufacturing, which is what they got Eddy on. Her rap sheet was nothing like his - if he'd taken this jury trial he would have been down up to 30 years. Still, I think he would have taken his chances, but they offered him a reduction from 1st to 2nd degree and that they'd release the woman and dismiss her charges. He agreed to this and confessed to manufacturing. As soon as he was done, they told him the woman had hung herself the day before and that he'd confessed for nothing. His attorney refused to try to get the confession thrown out, and the tape "disappeared". He didn't get a reduction in severity level either and is serving 8 1/2 to 13 years in state.

I keep telling myself it could have been a WHOLE lot worse, even though they had NO evidence on him other than the word of a snitch (who within months was arrested for a first degree controlled substance crime, AGAIN, and once again is free as a bird because he is putting everyone away he can think of). Neither my husband nor his co defendent were anywhere near the residence when it was raided, and there was no lab. Just evidence that there "may have been manufacturing activity at one time".

But given our history with the justice system, we knew better than to think he'd win at trial.

bluemama
01-02-2005, 02:29 PM
thank you all. it's so sad to hear so many similar stories. it's almost like it's just the way of the injustice system. My son was told by the federal assistant us attorney that he would die an old man in prison if he didn't plead out. they didn't want to "waste" the taxpayer's money. my son got 15 years for a conspiracy charge. i guess they'd rather "waste" money putting 17 and 18 year olds in overcrowded prisons for twenty years. Makes more sense doesn't it? jeeeez, I read your stories, and thump my chest in understanding. we are SO MUCH MORE than this, aren't we? as a society, as a people? we've got to do whatever it takes to change this sentencing disaster around. i hope those of you who can, will send emails and letters to your representatives, the organizations and agencies fighting the injustice system, and phone in every show that has the nerve to address all of these unfair sentencing disparities. best of luck to all of you and all of us! and remember, we're 2.2 million in prisons and jails in the USA. That's times five of us loved ones and friends on the outside. So we're 11 million strong! We've got the power, let's just find the right people to lobby!
keep the faith!
stay focused!
mary

Jan7El
01-02-2005, 03:19 PM
Great post Mary. Awareness is the only way to bring about change.
I am sorry your son received so much time at such a young age.

JayandMe
01-02-2005, 03:57 PM
State.......20 YEARS at 14 YEARS OLD!!!!!

My man was incarcerated at 14 years old....he was in foster care at the time and his mother never even showed up for court (big looser) his grandparents were the only support he had and were not even advised!

His appointed lawyer told him to take the deal and so he did....at 14 years old he took a plea bargain of 20 YEARS!!!!! For a NON violent car jacking that went a little bad. He's in for conspiracy to committ murder.....BUT they didn't know the guy (it was random) there was NO weapon and when the guy ran away....they never even chased him just kept the car!

I have a web site on his story...it's http://www.freewebs.com/jefferycoats/

bluemama
01-02-2005, 07:34 PM
My, everyone should read this web page. Talk about injustice. My heart aches for YOU, too-my. You're both in my prayers (my prayer list just keeps getting longer and longer - i bet it's up to about an hour by now, just since I got on this board).
keep the faith!
stay focused!
mary

JayandMe
01-03-2005, 08:54 PM
Yes.....our stories are very similar eh! I noticed your other posts after I wrote it!

I watch a show on A&E the other day where a 12 year old boy beat a 6 year old girl to death....when he went to trial he was 14 years old and he got life in adult prison BUT then after much protesting (in Florida) they took him out in under 2 years and gave him 1 year house arrest and 10 years probation! He beat her to death with his bare hands.....my J didn't even have a weapon or harm anyone and nobody protested his injustice! Sad!

NoraCallahan
01-18-2005, 12:50 PM
Hello everyone.

I'm with you on this, these stories of taking a plea - are very sad. Forgive me that I don't post in these forums often, it's tough to be in web communities that are indeed springing up all over. I'm Nora Callahan, with the November Coalition, and we have a website online, etc. And determining grassroots strategies for the coming weeks and months, today, we urge that people tell their newspapers, their stories of injustice.

I'm talking in this forum today because, even though my brother went to trail, and has a 2255 alive... I'm know that those who took plea bargains, those whose hurried appeal were denied -- are angry. And should be. It is so unjust - that people are 'threatned' by long mandatory sentencing. Pleas aren't about truth and justice. People take pleas, not to accept responsiblity for their actions, but to avoid decades in prison that prosecutors promise a defendant -- if you fight this -- this is what we are going to do to YOU.

Sometimes, people take pleas, because prosecutors threaten they'll go after the defendants innocent family members.

So, starting my initial thoughts with all of you, and your idea of gathering these stories is a good idea. Now, getting the thoughts out to the media is your next step. Right now, this complicated legal process, and our stories of injustice are needed. People, ordinary citizens need to understand what happened during this era of US Sentencing Guidelines. Our ordinary stories show the public how the law works - never mind what they 'intended.'

Newspaper editors only accept about 200 words, but it could go something like this:

Dear Editor:

What is being left out of national discussion of the US Sentencing Guidelines is the number of people languishing in prison because of the fearful and awesome power of the once mandatory guides, that today are advisory.

My son (daughter, husband, brother) pled guilty to charges of a zealous prosecutor rather than risk decades behind bars.

As Congress revisits harsh mandatory sentencing, they must revist policies of earned, early release. The day a person steps foot into prison, they should begin working on the day they return home. Sensless punishment hasn't made us safer, simply less free. Rewarding achievment is the American way.

Write those letters, and I post daily thoughts on my blog - from our homepage, Nora's Blog - today the button entittled - Don't sell the house!

Hang in there, but get active writing, getting to know your federal and state leaders, etc... Our time is here after 20 years of injustice.

Love,
Nora

johnsbabygirl31
02-26-2005, 03:27 PM
They talked John into a 10 year sentence he was looking at 25-life so I guess thats better than life

nimuay
02-26-2005, 05:12 PM
My guy took a plea for 1-3, after the judge said take it or I'll give you 3-7 when you're found guilty. (And he would have been.)

Mrs.B
02-26-2005, 08:09 PM
Mine is in state. He was offered & took the plea of 10 years plus drub rehab ( home invasion & assualt) plead guilty-- got 87 years. If you should want anymore details--pm me and I will fill u in

geneva11798
03-07-2005, 06:27 PM
My son's father was arrested by the US Marshalls because of he got caught up in a secret indictment. He was never a violent offender but he have did time before for selling drugs...during the time he got bailed out...NY state decided to do away with the Rockerfella Law (it was harsh sentencing for drug offenders). So instead of him looking at 10years or more he was going to only be looking at doing 3 years with 2 and a half years parole and 3 years to serve time. While out on $50,000 bail, (the cops really hate him out here). They had this undercover lady cop calling his cellphone for drugs...His cousin didnt know better (it was a girl) but he did and he told her I am not going to make any sale to the lady she is a undercover cop...The Girl (stupid and wild) said okay I will he told her she was stupid and dont get him involved. So This girl went and met up with this undercover cop but instead of trying to sell her anything she slashed her face and tried to rob her. when the feds ran up on her she said that my son's father made her do it...(there was other people that was with her that said the same thing) Anyway to make a long story short his Lawyer claimed that he would get him off these charges with no problem it was a piece of cake...Nothing was a piece of cake he was scared into taking an 11 year plea bargain and the charge of conspiracy (setting the cop up to be robbed) was upgraded to where they placed him at the sceen of the crime...attempted robbery in the first. He wanted to take it to trial but his lawyer said they would bury him...So he did as the lawyer told him to do...but now he wished he didnt...He is currently filing for an appeal.

les n dom
03-17-2005, 02:28 PM
State. Dom was facing a 6-9 yr sentence. His court appointed attorney finally called us the DAY BEFORE trial to talk about it. Until then he eluded us constantly. Anyway, he had told Dom that adding up all his classes in felonies and whatnot, that it was a high possibility of plea bargaining and more than likely receiving a split sentence in the process. Knowing that he was a black man in a small, white town, he knew the judge would nail him. When he got to court, the attorney had rated all the felonies wrong, the classes were higher, the judge hated him (duh) and my little naive self sits there thinking, Mr. Turlington said he'll only pull 6 months. RIGHT!!! Luckily, the DA did him some justice and gave him a pretty exceptable plea all things considering. He, of course, did not get his split sentence (surprise) and he pulled a little over two.

jason'sbaby
04-04-2005, 11:51 AM
In kansas on the sentencing grid for manufacturing as a class one felony you serve 12 years or so we thought. So facing 12 years in prison my husband took a plea bargain where the DA had indicated they would recomend 12 months prison sentence, my husband took it and went to sentencing day and DA changed there recomendations and was asking for 36 months prison. Myhusband got 30 months. You can not rely on the legal system to work for you,as we have found out!


http://www.prisontalk.com/forums/attachment.php?attachmentid=32374&stc=1

babydoll_fmd
04-10-2005, 03:35 PM
same happened to my boyfriend and i, i was 7 months pregnant and the lawyer was not answering our calls. the day before sentencing he told us that we had to take 5 year plea or the judge would do the max of 3oyears so needlesstosay i rathered him miss 2 years of our childs life than 15years. it also was his first drug offense as he to had schedule II possession with intent. and other people we know got off with just probation. i think it is all based on who you know in the town.

This_Girl
04-13-2005, 01:30 PM
Okay, Shawn got talked into a plea bargin because the da was sitting there saying well we are gonna charge you with murder and blah blah blah, when the criteria was not there, and it was self defense. He pleaded his case down to voluneery manslaugher and the most time he could get was 7 years the least was 4. well the judge gave him 7 years. His stupid *bleep* of a PD told him to take the deal when me, and his mom, and everyone else knew if he fought the charges he would have got a lesser sentence. His stupid PD was the same girl my mom once had on a drug charge case and while my mom was locked up in jail some chick got arrested and used my moms name and info and her PD told her to just plead guily to the charges and im like WTF...............man lets just say i cussed his PD out a few times, so did his mom lol, in court the lady would not even look at us lol

Gary's Wife
05-04-2005, 11:15 AM
Hi! Same thing here. My husband took a plea for ten years. If he had gone to trial, he would be out right now. He thought he was looking at 44 years, 4 labs. I wish I'd of known the law then, as I now know it! that's for sure!!

hebrew 13
08-25-2005, 08:24 PM
My husband took a plea. The recommandation was for 9 months county time and he was promised he could be at the hospital when our baby was born. The judge gave him 2-20 yrs in state. Since he is in state he will miss our baby being born. He plead guilty to man. & del of cocaine less than 25 grams. 1st offense. He was also facing a possesion charge that was dropped with the plea.

JENNOONIE
08-25-2005, 08:31 PM
My fiance took a plea he was charged with accesorie before the fact of a crime. he knew that one of his friends stole a car but he didnt say anything the man then used it in a drive by shooting with 5 other people in the car. Because my fiance knew he took the car but nothing about the shooting until after the guy pulled him into it and said he knew about the car being stolen. They tried to get my man on accesorie to murder but there was no way he wasnt even in the state when the drive by happened. Then they dropped his charge and told him he had a probation violation and he could get up to 15 years with his violation and the crime so he took a plea of 4 and a day with two left to serve. four months after he took the plea two of the guys that were in the car went to trial and were let of scott free he knew they stole the car but didnt know for what the guys were there for the drive by and they got off scott free. His lawyer tried to get it turned but it was past the 60 day mark so now my man is sitting in prison for 21 more months for something stupid...

Ericalex
09-11-2005, 10:31 PM
My husband took a 15 year plea because he was faced with possibility of life without parole in Louisiana for PWID. Part of the plea was that he would be charged as a second time offender which would make him eligible for parole after serving half of his sentence. But after he got his rap sheet, they changed his status to a third time offender which makes him ineligible for parole. He has filed a motion to have his status changed, but was denied. Louisiana's prison population is the largest in the country and is only getting bigger.

Tipper
09-14-2005, 07:40 PM
Hi,
I thought Texas had the largest prison polulation. From what I have read they are running out of space.
I have two brother in law's in the system there.

titantoo
09-25-2005, 07:30 AM
Take a look at PBS's Frontline program on plea bargaining. Pat Jarrett went to prison for nearly 30 years for a crime that EVERYONE knew she did not commit. She would not plead guilty for something she didn't do. If she had taken the plea she would have been in for 5 years max, apparently.


The Frontline piece on "The Plea," The web address is
http://www.pbs.org/wgbh/pages/frontl...ows/plea/view/ (http://www.pbs.org/wgbh/pages/frontline/shows/plea/view/)

It comes up in 6 parts and the entire program last 90 minutes.

For example, in chapter 2 you will understand why I say our penal/"justice" system is our (USA) 21st century equivalent of the segregation in the 80s and 90s ---only its worse because the racism is hidden from most people. The other chapters are even worse...although it is all awful. I don't think you will be able to watch it without a fast connection.

mogley
09-25-2005, 08:53 PM
The PD talked my son into pleading guilty to conspiracy. ( His sorry X-roomate named him.) PD said he'd get a suspended sentence and community service, but if he plead innocent, the truth, he would probably get 4 years. I told him not to plead guilty to anything he didn't do, but the PD convinced him, and then lying prossecutor asked fo 4 years anyway! He go 30 months, just for knowing a guy 6 years ago!

babygirlhoot
09-26-2005, 12:05 PM
My fiance pled guilty to a crime that he didnt commit. Then, the judge went back on the plea bargain and more than doubled his time. He added drug treatment and a half way house too! He was innocent, thought he was only going to get a certain amount of time then the judge said that he did not know that the victims family wanted the maximum sentence. He sentence was then doubled despite the plea bargain.

babygirlhoot
09-26-2005, 12:08 PM
That is kind of what happened to us! I am so sorry! You are in my prayers!

mommieboo
10-04-2005, 03:42 PM
My man was asked to work with the police and he did. While doing what was asked of him, they said he did too much on his own and got 25 years in federal prison. He pled guilty in order for a chance to get a lesser sentence and ended up with more than he would have gotten in the first place.

mommieboo
10-04-2005, 03:46 PM
I am frusterated and 25 years is too long to wait even though I don't want to let him go. He is 47, I am 34 and we have a 7 year old together. He has not accepted the fact he will be there that long. He keeps telling me he will appeal and be home soon. I don't believe it, but yet it gives me false hope. It makes it impossible to forget about him, even though I should because 25 years is too long for me to wait for him.

mommieboo
10-04-2005, 03:49 PM
The us marshalls are deceitful and trying to trap people

sixpack6t9
10-15-2005, 10:47 AM
We all know that over 95% of drug cases are resolved by plea bargaining. Here in Portland Oregon, our district attorney's office do not "talk" anyone into plea bargaining---they use scare tactics, aided by their close working relationship with law enforcement. I've been investigating this for 6 years, and I have it narrowed to 1 DA and three police detectives.

I had my first drug charges in 1999. I was under surveillance until I got a second charge, before I had even resolved the first. When I finally faced the prosecutor, I was told that "you can't escape going to prison, one way or another you are going to prison", period, end of story. I had no prior history related to drugs, a few shopliftings when I was homeless that were over 10 years old.

Since I paroled from Coffee Creek in 2003, I have been watched on and off. I am a carpenter, and I was in the midst of negotiating a repair job on a former drug house, after the renter was taken to jail. The Portland police (and a member of the DA's office) raided the house with a search warrant. I was there, but not a resident, but that didn't stop them from tearing my stuff apart while searching it. They found nothing illegal in my property, so they cited me with an "attempting to possess meth" for some empty baggies and glass fragments of paraphernelia that they found in a garbage can that was in the same room as my tool bag. I was told if I didn't take the offer that they would "proceed as a PCS II, felony and seek 2 years in prison--a far cry from the 8 hours community service offered before.

I refused to even hear any plea bargain offers from the start. I insisted on taking it to trial, and amazingly, even with such ridiculous evidence as they had, they proceeded as a PCS II felony, and they hung on all the way through trial. I was found not guilty by a judge who found compelling reasons to believe my story, and also-- the DA's office was so sure that I, with priors, would take their plea offer, that they did not even bother to either test (if possible) the items for drug residue, or fingerprint them to prove I had ever even touched them!

The most interesting thing here that I'd like to mention, is that throughout the trial, the prosecutor used the phrase "more likely than not" to prove my culpability. She'd say something like "...because of Ms. Lambert's prior historywith drugs, she is more likely than not, the owner of the items found..." Never was"reasonable doubt" ever at issue...she had me, she thought, convicted by virtue of nothing more than history. No evidence other than quote "suspected meth residue", just my history.

I can only imagine how often this happens, especially here in Oregon, where you can get sent to prison for nothing more than empty baggies.

This has been the case in numerous cases here, which I study this phenomenon. No drugs, just suspected residue and "more likely than not" accounts for many convictions. They take your money, stack as many charges as they can, and tell you you'll go to prison for 25 years if you don't take the offer for 3...That's our "just-us" system's war on drugs.

Ann Lambert
CCCF 2003

sixpack6t9
10-15-2005, 11:02 AM
you need to file a formal complaint with the bar association--I assist people often in doing this, and satisfactory results have been gotten, 8 out of 10 times. I will assist you, or anyone for that matter, in wording a complaint if you wish. I am not a legal professional, but for this you don't have to be.

PM me any time.

Sixpack

sixpack6t9
10-15-2005, 11:05 AM
there are no words to adequately describe how sorry I feel that this is now "the norm".

My sympathies to you.

sixpack6t9
10-15-2005, 11:14 AM
I have an issue with this case of a 14 year old signing a contract...Minors can not legally sign a contract, because in most cases, they can not be held liable. Have you raised this issue with the courts? I'd love to stop plea bargaining because it is being abused, as a blackmail tool to force people to give up their rights and secure an easy conviction. I say again, minors can not enter into a contract, and that is exactly what a plea bargain is, a contract, that's why it was signed!

WaitN4Him
11-08-2005, 08:06 PM
He took a plea. I'm still not sure if that was the right thing to do. He was looking at along time (I'm talkin like 270 something years when you added it all up), so I guess 10 years didn't sound so bad. It probably wouldn't of got anytime if he would have snitched like his so called boyz did.

rgtsgirl
11-12-2005, 09:29 PM
My husband got in trouble with Manufacturing 2 different times about a month apart. So he went to court on both charges at the same time. He had never been to Prison before this. The court appointed attorney never called me or my husband to discuss anything. He discussed it with us the day of court about 5 mins before my husband went in front of the Judge. He told us that if he did not take the plea bargain and he went to trial on it that he would not see the light of day for a while. The lawyer told us that the plea bargain would be 12 yrs and he would probably do 2 yrs on it. So that is what my husband pled guilty to. After my husband went to Diagnostics they now have him serving 1/3rd of his sentence which is 4 yrs. That is not what we were told. I am currently trying to find out who lied or who screwed up but I am not getting anywhere fast. Everyone just keeps passing the buck. I do not know exactly what to do and no one can seem to tell me. So If anyone can point me in the right direction it would be very much appreciated!

http://tickers.TickerFactory.com/ezt/d/4;17;51/st/20090513/e/My+Baby+is+Free%21%21%21/dt/-1/k/0100/event.png
(http://www.TickerFactory.com/)

Steph

JohnsFancyFace
12-07-2005, 02:28 PM
My fiance has been in trouble with the law since he was a juvenile. He has a long criminal record. All the crimes he did in the past he was guilty of and never took them to trial because he knew that he commited the crimes. This tiome around, I know and he strongly voices his innocence. He got out of prison in early 2002 and we got together in late 2002. He was doing everything he was suppose to do as far as parole and atending his anger managment classes faithfully every week. He had a great job and was getting his life back together. Even his parole officer saw the difference and the positive change in him. Then, in 2004 he was at the wrong place and at the wrong time and got a parole violation and was accused of a crime that he didn't commit. He was asked to give names and bascially speak against the others, but refused to speak against anyone else. So when his trial started they were trying to give him 25 years to life. Right before the trial started the DA offered him 15 years and I told him dont take it and to fight this battle to the end to prove his innocense. He went through the whole trial after a year of going back and forth to court. He had a hung jury. Out of the 12, 8 found him not guilty and the other 4 found him guilty. Then the DA offered him 10 years after the jury could come up with a verdict. After two days of that, the DA finally went down to 3 years and my fiances PD stressed to him to take the plea bargain because thats the best deal he was going to get and if he requested for another trial that he would likely get a "not guilty" verdict. So he took the bargain and got 6 years total because they charged him with a second strike. His release date was given as November of 2008. So I got another 2 years and 11 months. So basically three years and counting. I wish he could come home earlier but I know that I cant get my hopes up.

jason73125
01-07-2006, 02:21 PM
in my bestfriend's case his plea bargain was a blessing. he was a 2 time offender and caught his third case. but in my county the courts are so backed up that if he would have taken it to a jury it would have just kept are jail even more over crowed. so instead of taking it to a jury and getting his manditory 25 to life they offered him 5 yrs in exchange for a simple guilty plea. thats with a court apponited attorney. he took his five years with a big smile.

Fredjr's wifey
01-07-2006, 08:21 PM
My husband was talked into taking a plea bargain as well...He faced 5 counts each carrying "no less then 20 years"...and lawyer told him to take a plea to two counts of something else or he would be found guilty of atleast one count and go for 20 years at least...He is innocent, but had been in before, and they started saying they would use his past etc...so he took the plea and got 6-10years...not sure if it was a blessing or not...hind sight sure is a pain in the butt...like everyone else says, if me and him only knew then what we knew now, we would have fought it til the end!

BROOKLYNPHILLY1
01-29-2006, 03:49 PM
my husband is not quilty but was changed with conspiracy, & was offered a plea bargain to amitt he was quilty, but what do you do, do 15 years Or 10/ its crazy but i beieve there is a draft into the prison system & they are recriting us for free labor ^ its up to us to do 5, 10 or life/ working for free & being a number: my husband did nothing, all we can do is change today for tommorrow but the cell they live in is owned by stock owners/ i hate this, but his mind is free & our love is free/ we are together in this net/ we just have to free our selves from the chain game: :mad: bluemama, My son took a plea on a drug charge. He was a first time non violent offender. he was 30 years old at the time of his arrest and had never even had so much as a drving charge. He was told by his court appointed lawyer that if he didnt plea he would be found guilt and sentenced to maybe 30 years, so he felt he had no choice. He bargained for a 15 years sentence 5 to be served and 10 years probation. His lawyer first told him that it could be thrown out of court because of illegal search and sezure but then changed to he would be found guilty if he went to court. We had no money for a new lawyer so he signed a plea. We are all at the mercy of a corrupt system.

Bill365
01-29-2006, 05:35 PM
Federal. Son was talked into a plea agreement and was made promises that were not kept by the Federal prosecutor or his attorney. I agree that the whole system is corrupt.

Sad Mom in Texa
01-30-2006, 03:41 AM
bluemama, here is another one for you. My son got in quite a bit of trouble when he was a juvenile. He was on probation in 1999, got drunk and threw a beer bottle at a cop. His probation was revoked and he spent 3 years in a Texas State prison. He had only been out for 9 months when he went down that old path of booze and drugs again. He and another guy stole a DVD player one night and when they were stopped by the police, my son panicked, threw the car in reverse, and slammed into the back of the police car. He was charged with assault on a peace officer for a second time. His second charge was "enhanced" which could have gotten him 99 years in prison. His plea bargain was for 15 years, and they said it was non aggravated. The thing that gets me is that I've heard of cases where a murder was commited, and the killer would only get about 5 years or so. Some people tell me he got out lucky at 15 years. What is your opinion? I could see him getting 99 years and I was afraid for him to fight it. I know he was guilty, but I didn't think he should have gotten that much time. He also didn't have much of a lawyer. (Court appointed.) Another thing that stinks in this "injustice system" is the slim possibility of parole. I used to think that if a convict got in there and honestly tried to better himself, he or she would be released sooner. Now I'm wondering? I'd honestly like some opinions on this. Thanks...

Bloodhound
01-30-2006, 07:52 PM
My son, as well as myself were 'scared' into a plea bargain that they renegged on the day of his sentencing. The plea was for 15 years, minus time served and the lawyer said we could bargain down from there. In court, the PSI rep agreed, the judge agreed, and then the prosecutor went Nuts! He said if the judge granted him the 150 months, he would bring this back to court, take up time and taxpayers money and would see that my son got 25-life! The judge cowered and gave my son 22 years! I feel our 'high priced' lawyer did didly squat, but with our money spent we now had no where to turn. We are looking to get a PD for his appeal which I already payed to file. Almost 3 weeks now and his lawyer has not even returned my calls. The day of sentencing I told the lawyer we had no more money to use her for an appeal and would have to go with a PD. She said she would do all she could to help. SHE CAN'T EVEN RETURN A DAMN CALL!! My personal opinion is she 'traded' my sons case with the prosecutor for leverage on another case. Too much detail to get into, but no one will convince me different.
Glad I have this board to sound off on.. ty

Ibearchic2
01-30-2006, 11:31 PM
My Husband died 2 months after arriving in a prison in Arizona. He complained of having severe headaches; thus, as they progressed my Husband was unable to walk or feed himself. Still they would not send him to a hospital and he made several request in writting begging for medical attention. On Dec 21,2005 @ 0100 they removed him from the cell via stretcher and placed him on the floor in a holding cell, where he laid and died around 5:00 am. They called me @12:50 pm telling me my Husband passed away. Oh, You can bet there is a WHOLE LOT I am in the process of doing. I want to help as many people as I can from being, neglected, abused or tortured while they are in the hands of the DOC. My website is www.justiceforrichard (http://www.justiceforrichard). Please check it out. If noone from the outside helps NO ONE WILL.

babyjpunkinpie
03-03-2006, 08:48 PM
My husband hasn't entered a plea yet. He goes to court on the 9th of this month.His court appointed attorney is telling him he needs to take what they are offering. Which is 274 months FED. Thats over 20 years. His lawyer told him if they take it to trial he will get longer. I think its way too much time. He is being charged with manufactory and delivary. And is also being charged with conspiracy. We don't know what to do.

witchlinblue
03-03-2006, 09:02 PM
He must be a court appointed lawyer they always say that. What state is this happening in ?

babyjpunkinpie
03-05-2006, 01:05 PM
In Texas and yes it is a court appointed lawyer.

witchlinblue
03-05-2006, 01:17 PM
Meth ? and is this a Federal case ? First drug related offence ? I want to see if I can get together some info for you. Private message me if you want.

dmw
03-05-2006, 02:40 PM
This is so common with court appointed attorny's... Please get all the facts. 274 months is along time with plea... my husband went to trail, we was looking at 155 +mths, rec'd 97... you know every situation is different based upon sentencing guidelines and any prior convictions. The judge has the power to give upward or downward departure. I say all this for your family to take "everything" into consideration... If it's in your heart to take a plea, ask your attorney to work w/DA to reduce his offense level, etc. Pray about it, ask god to lead your heart in the right direction. Blessings.

witchlinblue
03-10-2006, 05:26 PM
As in any profession there are those who are passionate about their jobs and those who are in it for the money. I think some of the blame for court appointed lawyers who do not make much of an effort lies in the court systems and local political systems. These lawyers are often paid a flat fee regardless of it going to trial or a plea bargain and if you are in the profession for the money then obviously you can rake in the dough by having cases dealt with quickly, thus plea bargains.

Some lawyers may be offended by some of the comments that have been posted, though they should keep in mind that if their interests are in their clients seeking a just and fair trial then they have nothing to fear or be offended by and they should be proud of the job they do. Those who are basically not doing what they should for their clients, reading the file 5 minutes before the court appearance and generally are winging it should be stopped in their tracks. There are many men and women who have not been treated fairly in the courts and they could do nothing about it because they didnt have the big bucks to spend on lawyers who will actually investigate a charge and do what they should for a client.

Yesterday my best friends son went for sentencing. Now fortunately for him I was aware of most of what had gone on. I discovered that his lawyer not only told the crown and the police that she felt her client was lying but basically told him to plead guilty and accept what the crown gives him. The classic line, 'otherwise you will do xxx amount of time' A lawyer actually has no right to discuss her views on her clients truth or lies to outside parties nor does she have the right to read the future and tell him how much time he will get if it goes to trial. No lawyer does, they can estimate and give examples or ranges but they can not know the actual outcome of a trial and what a judge will dish out. Some lawyers are very experienced and can give better examples of what to expect but they can not know for sure and shouldnt come across to their clients as if they are. Those are fear tactics in order to wrap up a case and go on to the next paying one.

Anyways, I gathered all the information and he was armed with a petition to the courts as to why his lawyer has failed him and mislead him. The judge immediately dismissed his lawyer and today he was appointed a new lawyer and the whole thing is to start over again and a prelim trial date has been set for three months from now. Im quite sure the new lawyer is aware that Im going to be keeping a close eye on things. My friends son has a mental capacity of well under the norm and there is no way Im going to allow her son to be shoved in prison for something he has no concept of nor will I allow his lawyer to treat him in a manner that he does not understand.

Folks, if you cant change the system then you got to get in their face and watch every move and do everything you can to keep things on track, keep records and notes of everything. Email and write the lawyer questioning everything on your loved ones behalf. Get written permission from your loved one to discuss the case with the lawyer.

This thread and this forum is a great place to exchange information about things like this that take place for drug related charges and the court proceedings. Please feel free to post anything you know that might help another member get their loved ones a fair trial or at least fair proceedings even if they do take a plea bargain. And know in advance the results of a plea bargain, in most cases that means 'no appeal' though in some cases a judge can change the ruling or the sentence length. Its all about getting educated about what is going on quickly and step up to the plate for your loved one. Dont let a lawyer make you feel like you do not have the right to know what is going on.

Please post links to legal infomation and cases that are good examples. None of us were born with law degrees and most of us didnt know what we need to know before our loved ones got in trouble so please share information and make sure you say which state or country it deals with and if its federal or state information. And remember this particular forum is for drug related cases.

Support = Sharing Information
We all have to support each other, that is what the PTO family is all about.
Keep posting folks and keep sharing!!!!!

InlovewithCoca
03-10-2006, 08:46 PM
OREGON-My fiance was up against 6 felony charges. All dealing with marijuana, (2 were becasue of 1000 feet of a school) They plea bargained him and he accepted delivery of a controlled substance to a minor. He was told he could have got over 30 year if tried to fight charges. He ended up with 16 months, so not too bad, even though everyone thought because of the first time offence he would get off easier...Definately go with your heart, and in the end everything will work out for the best! Good luck!
Sarah

LI`L SIS
03-31-2006, 06:19 PM
State- Case Was Strung Out For Two Years And D.a. Wanted 25 To Life. First Time Offender, Non-violent And 44 Years Old. Wanted To Make An Example Of Him. He Got 4.4 Years @ 85%. Lawyers Wallet Got Fat, D.a. Got Another Notch.

Li`l Sis

Heather78
05-01-2006, 05:47 PM
I'm sorry to hear that almost everyone on here got a bad deal. I got a great deal. My crime was prescription fraud (state) and the max they could have given me was 5 years in prison but I'm a first time offender. But I had a great PD who turned in doctors letters (I'm bipolar) saying that before I was stabilized on medication I really didn't know what I was doing. I ended up getting 2 years probation deferred adjudication. But like I said I had a great PD who actually seemed to care. When I bailed out of jail they told me that since I bailed out of jail I should be able to afford my own attorney. They told me the only way I could get a PD was to go back and wait in jail. So I thought I was going to lose everything (apartment, etc) so I took a bunch of Xanax and hitchhicked to jail and they saw how unstable I was so they granted me a PD right on the spot and sent me to a mental institution for evaluation. I think that helped my case because the judge remembered me when I went to be sentenced. So some cases turn out fair. After all I was guilty.

thithie47
04-11-2010, 03:13 PM
In Clackamas County, Oregon they have a Consortium that is paid by the County to encourage defendents to take a plea. The Public Defenders, AKA: public pretenders, AKA: PP's, are not paid enough to truly consider putting on a proper defense. So to avoid having to work the PP encourages those they are 'paid' to defend to plea out. If they do go to trial the PP's make a point of not object to anything during trial. Not preserved--Not appealable, how clean. Many of the accused are scared and 'trust' their PP to be have defendents best interest in mind and guess what.....he's not paid enough to care.

fairwells
04-26-2010, 12:11 PM
My Dad took a plea bargain and got 20 years, 10 suspended. He was told by his Public Pretender that he would get 50%, but instead it is 70%. I even called her to make sure he got 50% and she said it would drop to 50% once he left the county jail, but he's still at 70%. This is in Arkansas.

If we could have afforded a real lawyer things would have been so different.

specsmom
04-27-2010, 05:36 PM
My son was offered a plea bargain of 25 years, which he said no to, he finally plea bargained for 10 for possession of meth. He was 19. We were told by a hired attorney to take the plea bargain because otherwise he would get much more--he initially had 5 charges---all the usual.Everything they can think of. By the way, it was not his meth, but he was getting a ride and intended to buy some from the 2 people he was riding with. He didn"t know they were 'cooking" it at the moment--in the back of the van-but it wouldn't have mattered. It just happened that it wasn't his.Those 2 got 25 each. anyway--6 years later he's still there.And now being investigated for being in a gang.I felt like it was all such a sham when the judge said to my son---no one is coercing you into this ---you are agreeing that you are guilty.And I wanted to scream that yes--everyone is coercing us into this---no one wants this to go to trial----no one wants to hear the truth or be bothered with it. We were also told that it would make the judge angry if he tried to force a trial.I'm not sure the attorney matters at all.

Mrs. T
04-27-2010, 09:03 PM
Maybe the attorney matters. Maybe not. We had a public pretender too. I can't help but believe that with the 'right' amount of money ( uh...I mean attorney), my husband wouldn't have been coerced into a plea agreement either.

He was told, upon his agreement to the terms that he'd serve a max of ten years. Here it is eighteen years later.

They just released John Hinkley for his attempt on the president's life. He actually planned on and suceeded at shooting someone. Serious malice aforethought. But he is free. As is the asassin of Malcom X. The man shot Malcom X and tho, yes, he served 45 years, he is free.

The rules vary. The system is complex and always has favored fame and fortune over 'rights', 'responsibilities', 'reform' and giving punishment that honestly fits the individual crime.

The best way to fight this is to change things ourselves. We, as a society, created these laws, elected these officials and trusted them to our lives. As each of us wakes to a new day, we are subject to anything. Unless we make a difference. I'm not sure 'how' yet, but I pray for the knowledge to make a difference.

-Mrs. T

MIKAER
05-08-2010, 12:43 PM
My autistic, Developmentally Delayed, bipolar son took a plea bargain for 12 years for child abuse for his 2 year old step child who was injured in a child play fall off a patio table Te medical report and parents statements matched the "Fall" findings of the UCDavis Medical report but the Sutter County DA who is also the CA state chair of the DA-ASS pursued any way. Both Parents were told the DA would not allow a defense or investigation, the Attorneys would only appear and the would deliberately lose if they would to try and the DA would add 2 more strikes insuring life sentencing. His DEAL was to get to plead innocent under WEST " A good Father goes to prison to protect his family, the judge will know you protected your family..." PM me if you want his CDC # and address

Gavin123
05-24-2010, 08:06 PM
Public Defender: My son took a plea at the very last minute, the day of trial. The attorney was not ready for a trial at all and we knew it. They told him either take a plea of 10 to 25 yrs or if it went to trial they could try the 2 charges of armed robbery seperately. If he was found guilty of the first in trial, the second one would be automatically life in prison.

Thing was, the whole 1 1/2 yrs my son was in county waiting trial, the attorney was ....lets take it to trial, when it came down to the wire, he was not ready at all that day. He had no one to testify, no witnesses, no doctors, like he knew he could talk my son in to a plea and he did.

What a system we have here in the USA!!!

If the attorney was prepared fully, my son might not have to do 15 yrs in prison.

Gavin123
05-24-2010, 08:11 PM
I should add that my son had just got out of a 72 hour mental evaluation and was on meth 2 days before his crime. He had tried to get help 4x in 6 months, there was no room. Also, I told the officers when they arrested him he was suicidal. That nite, after the arrest, my son called me from the hospital, he hung himself but they found him in time...but what if they didn't. I am currently trying to see what I can do about this. Till this day, neither me or my son knows what happened, he doesn't remember. I want the medical records, I want to know what tests they ran on him, everything. He is not the same.

Brittney Nathan
05-28-2010, 06:15 AM
My husband was charged w/ a burgulary he didn't commit. He's done some stupid stuff, but this isn't one of them. They had no evidence, and out of the lineup, the victim picked picture #1, my husband was #2. Anyway, they extradited him from Tennessee to Florida, he had a VOP charge as well. He got 18 months for that, and was looking at 30 years, then 15, then 5, then 1 and was told that he pretty much had the case in the bag, but that he should take the plea bargain just in case he WAS found guilty, which he would've had to serve a mandatory 15 years.
Now when he gets out, he's REALLY gonna have issues finding a job with that little number on his record. All he wanted was to get home to his family, but at what price???

Mrs. T
05-28-2010, 12:05 PM
Yes, we (out here) need to put changes into motion. And I'm thinkin' those changes should start with our public defenders. Or public pretenders as my husband calls them! lol :)

We've created a ridiculous system

-Mrs. T

DD's Girl
06-01-2010, 10:25 AM
My husband took a plea, they said if he were found guilty he would get 25 to life as a first timer. We were taken by a paid lawyer for 20k looking back at least the PD kept it real in our case.

princessjezebel
09-11-2010, 06:28 AM
ive had xs that got caught w/drugs red handed n took it 2 trial n won every time.but,i know a couple that lost n were "punished" by the system by getting alot more time.i think sometimes when u make them work 4 a guilty verdict they give u alittle xtra time.you REALLY have 2 measure out how far u want 2 go w/how much they have against u in court.





'

BrownEyedGurl
09-11-2010, 06:52 AM
My guy took a plea because he couldn't pay his attorney anymore and his attorney dropped him. The pd talked him into a plea because he was facing 35-45 years. Now he Is doing time for something he didn't do because he didn't have the money to get a good defense. Also now he can not appeal his case. He can appeal his sentence but not the plea. So sometimes it makes me wonder how many innocent people are in prison cause they couldn't afford a good defense. I forgot to say his pd defender talked him into the plea because she was hired on a month before the trial and was too busy to do her job and look at the evidence. Now my guy is paying with his life. Our justice system does not feel like a justice system.

288443
09-17-2010, 09:50 PM
Ive appeared in court before on false charges, only thing that was a real charge was my possession of less than a single person can get a buzz off of (marijuana). They strategically charged me where, the false charge was presented which was worse than the weed charge, when I went to argue it the prosecutor looked at me and said to me directly "I could always bring up the drug charge". So I plead guilty as to not have a drug charge possibly on my record (And this was after being denied an attorney because the charge was not significant enough). And that is not the only instance.


I am just saying people, not everybody comes online to talk about it. Stuff like this happens daily. We need to do something, at least be active about it somehow. Spread the word, mention it, something. This needs to change NOW.

Prochef
01-01-2011, 06:52 AM
Good day, all!
Keep the faith! Stay focused.
how many of you had a loved one talked into a plea bargain? Usually under threat of being "buried in prison", like our son. Please specify FED or STATE, and let me know a little bit about the background if you don't mind. I'm getting ready to try and talk a really great professor into doing a presentation on plea bargains in the federal system to put in front of the us sentencing commission.
thank you!
This is a great question. I posted a thread DA tools to 100% convection rate. The sad but truth to the matter is if you charged with a crime in the eyes of the law you are guilty. Its a shame that if you use your right to a trial you are giving the max sentence in most cases. I just went through a conspirary case in which i was arrested with no edvience and no drug conection to anyone else in the case. I was facing 52 years in prison. In my thread i give some details on the case. What choice do you have when the DA offers you 3 years or the latter 52 years. Unless you have unlimited resourses to thousands of dollars to fight the case. there are lots of us who take the plea. Jury trial a joke look into convection rate in trails that have the word conspirary attached to them and look up the jury instructions giving to find you guilty. It will take a act of god to win State or fed. I now a mother of a man who went to trial on a fed conspirary case he was offered a min mantory 10 years. He went to trial and is now doing 60 years. So the answer is its all about the DA convection rate they build there carrers on the lives of others.

misinmjsdaddy
01-01-2011, 09:55 PM
due to mandatory minimums Alfred took a plea even though the states case was very weak... we did not want to risk 7 years when he could "just do two" as his public pretender told us.

wishIknew
01-03-2011, 11:38 AM
My husband took the guilty plea on federal crack cocaine conspiracy charges..They had been doing the investigation for 5 months and he made 2 phone calls to a guy that they nailed him with..He is trying to get into a drug program that is supposed to help, we dont know his sentence yet...at the motion of plea they said 5 to life but the judge can go over or under the plea..so we have no clue what is going to happen..But his lawyer did tell him that if he didnt take the plea he would get at least triple the years of what he would get taking it.

eladlrm
01-17-2011, 08:16 PM
I took a plea to Texas state charges, they offered 3 years in Prison, My lawyer said that he might be able to get probation for 10yrs and pay over 80,000 in restitutiion or take the 3 years, do 1 year and pay nothing, so I chose the 3 year sentence, which I actually covered 4 sentence's in 1 year. Now im facing Federal charges and will plea again, my lawyer is just trying to get a good deal, its just that my priors send my months of sentence way up, lets see what happens...

Yirabeth
03-08-2011, 07:49 PM
So many unfair stories in this thread :( Those of you that own your wrong, Kudos to you! I'm sorry that being honest and trying to live up to your responsibilities has hurt you. A sad thing when being honest is bad...

I may as well add my story to the mix. My son's story, rather...

My son was on his way home from work, and had called his wife to tell her a mutual friend wanted a ride to the store. So he stopped at her house, she grabbed her helmet, and off they went on his motorcycle to the store. They never made it to the store, a woman in a minivan hit them instead. The friend died, my son almost died. He spent a month in intensive care, and then of course the rehabilitation to learn to walk again, relearn to use his hands, etc etc.

He had good motivation to live; his first child was born 10 days before the accident. And because it plays into later events, I'll tell you about what happened then. My daughter in law tested positive for marijuana when she went into labor, and they almost lost their newly born daughter. After this tremendous scare, they decided it was time to grow up...losing her wasn't worth having fun and acting like kids. They gave up party time, this I truly believe. I saw their tears and anguish and fear those first 2 days before the hospital would let them take their daughter home...

So anyway. He's recovering..still in a wheel chair, still in tremendous pain...when the police show up at their house and arrest him for the death of his friend. It turns out the woman that hit him was one of the 'rich elite' in our little town, and since someone had to pay for a girl dying that meant my son.

Unfortunately we're as poor as the woman is rich..and so we had a public defender. At first, it didn't seem bad -- the man called in an expert accident reconstructionist from downstate, and the man proved through scientific fact that my son was not at fault -- he was going less than the speed limit, and had tried to stop in better than average reaction time. The accident was the woman's fault, who turned into them and ran them over.

When they went to court to present these findings, the woman who hit him was there. She gave confused and conflicting testimony, and the judge even stopped the proceedings and took the counsel into chambers. Then he came back to the court, and said he'd stopped it because the woman was giving testimony that was appropriate for a criminal case -- against herself! But that she had been granted immunity and therefore could say what she wanted.

When it started looking like it was going my son's way, the prosecuting attorney quickly brought drug charges. When my son was in the accident, he had traces of marijuana in his system...of course, it stays in your system from 10-90 days! But even though it was only a trace, I guess Michigan law says that means he's automatically responsible no matter what...

And then his public defender seemed to have a complete change of heart. Started saying stuff like, Well he's just doing his job (re the prosecuting attorney) Gee, I thought his job was to protect innocent people, not accept bribes and let guilty people go free.... so then not even the public defender was trying to help...

So my son got scared, and saw his daughter growing up without even knowing her dad...they were threatening him with 15-30 years. So he accepted a plea bargain to plead no contest, and last friday he went to prison for 21 months...

concerned4liber
04-04-2011, 08:01 AM
My son took a plea. He was taking a plea for his wife and himself, she went free and his life has been ruined.
Dont want to write details, but can email.
This was a very twisted mess and I have learned noone is safe out there
innocence means nothing and justice only exist for those who can pay for it. I dont say this out of anger. I say it because it is the truth.

LadyLoreen
08-09-2011, 07:21 PM
please pm or email, as you're comfortable. i've probably talked to about 500 people (in visiting rooms, online, at court, etc.) and i can safely say that at least 90% of them did the same thing we all did - out of fear, and not understanding that a plea bargain is just the laziest way for an attorney, a prosecutor and a judge to clear the desk. you're right, it's corrupt, chris's mom


my son also took a guilty plea, in maricopa AZ, this system is soooooo corput, sorry I've had a really bad day looking for bday cards (21ST)
for him. I haven't seen or spoken to him in 6months. This is literally killing me. I would do ANYTHING to get him released, if I could afford an attorney he would be OUT!!!

LadyLoreen
08-09-2011, 07:24 PM
my son also took a guilty plea, in maricopa AZ, this system is soooooo corput, sorry I've had a really bad day looking for bday cards (21ST)
for him. I haven't seen or spoken to him in 6months. This is literally killing me. I would do ANYTHING to get him released, if I could afford an attorney he would be OUT!!! I would appreciate any reply, I feel so hopeless.....my in Tempe, AZ. my son is in Kingman, haulipa Unit

LadyLoreen
08-09-2011, 07:25 PM
I would appreciate any reply, I feel so hopeless.....my in Tempe, AZ. my son is in Kingman, haulipa Unit thank you all for your posts.

Prochef
08-17-2011, 04:33 PM
So many unfair stories in this thread :( Those of you that own your wrong, Kudos to you! I'm sorry that being honest and trying to live up to your responsibilities has hurt you. A sad thing when being honest is bad...

I may as well add my story to the mix. My son's story, rather...

My son was on his way home from work, and had called his wife to tell her a mutual friend wanted a ride to the store. So he stopped at her house, she grabbed her helmet, and off they went on his motorcycle to the store. They never made it to the store, a woman in a minivan hit them instead. The friend died, my son almost died. He spent a month in intensive care, and then of course the rehabilitation to learn to walk again, relearn to use his hands, etc etc.

He had good motivation to live; his first child was born 10 days before the accident. And because it plays into later events, I'll tell you about what happened then. My daughter in law tested positive for marijuana when she went into labor, and they almost lost their newly born daughter. After this tremendous scare, they decided it was time to grow up...losing her wasn't worth having fun and acting like kids. They gave up party time, this I truly believe. I saw their tears and anguish and fear those first 2 days before the hospital would let them take their daughter home...

So anyway. He's recovering..still in a wheel chair, still in tremendous pain...when the police show up at their house and arrest him for the death of his friend. It turns out the woman that hit him was one of the 'rich elite' in our little town, and since someone had to pay for a girl dying that meant my son.

Unfortunately we're as poor as the woman is rich..and so we had a public defender. At first, it didn't seem bad -- the man called in an expert accident reconstructionist from downstate, and the man proved through scientific fact that my son was not at fault -- he was going less than the speed limit, and had tried to stop in better than average reaction time. The accident was the woman's fault, who turned into them and ran them over.

When they went to court to present these findings, the woman who hit him was there. She gave confused and conflicting testimony, and the judge even stopped the proceedings and took the counsel into chambers. Then he came back to the court, and said he'd stopped it because the woman was giving testimony that was appropriate for a criminal case -- against herself! But that she had been granted immunity and therefore could say what she wanted.

When it started looking like it was going my son's way, the prosecuting attorney quickly brought drug charges. When my son was in the accident, he had traces of marijuana in his system...of course, it stays in your system from 10-90 days! But even though it was only a trace, I guess Michigan law says that means he's automatically responsible no matter what...

And then his public defender seemed to have a complete change of heart. Started saying stuff like, Well he's just doing his job (re the prosecuting attorney) Gee, I thought his job was to protect innocent people, not accept bribes and let guilty people go free.... so then not even the public defender was trying to help...

So my son got scared, and saw his daughter growing up without even knowing her dad...they were threatening him with 15-30 years. So he accepted a plea bargain to plead no contest, and last friday he went to prison for 21 months...

From Prochef it is true when you look into the eyes of your children and have to take a plea. The DA don't look at your kids of family or even weather your really guilty or not. they look at what the can add to there conviction rate. I went through the same thing i looked at my son who was 11 years old at the time, and had to make a hard choice. Take a plea and admit to something i didn't do and be with him in a year or so or go to trial and have him see me die in prison. I took a plea.

MissLexy
08-19-2011, 12:32 AM
I wish my baby would just take their stupid plea of 6yrs, instead of looking at 15. I'm so scared about whats going to happen to him and to us. I've always been so dependent on him for everything, and it scares me when everything is up to me!!!