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  #1  
Old 04-18-2019, 12:03 AM
Itsmeblondie Itsmeblondie is offline
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Post Plea deals

Can any one tell me any information on how plea deals, how do they work?especially in federal cases. Is the first always the best.
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Old 04-18-2019, 02:44 AM
Girl22472 Girl22472 is offline
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Originally Posted by Itsmeblondie View Post
Can any one tell me any information on how plea deals, how do they work?especially in federal cases. Is the first always the best.

Of course every case is different and nothing is certain but the first offer is generally not the best, despite any threats made. What it does show is that the prosecutor is willing to plea and again depending on the case this could be significant. For example if it is a murder case and the prosecutor is willing to offer a deal and offer it fast it could mean they don't believe they have enough evidence to win at trial. But, then there are the cases that are really so simple that going to trial seems ridiculous as the evidence is clear and it just makes sense to offer a deal.

The best thing that you can do is research similar cases, look over the plea and negotiate if possible. For example in my husband's case the DA offered a deal and his lawyer told him flat out that would not be the deal that he took because it's a "generic deal." My husband is facing sentencing for possession of CP. The original deal added points for using a computer, something the courts have spoken out against, although have not technically prevented. That was removed in the final deal. Something that was in there but had it not been and I would have insisted be negotiated was that the DA could not appeal a sentence given by the judge. Don't worry when it says you cannot appeal either because your full right to appeal is never given away. If a clear violation of law was made you retain the right to appeal, but it was important to us that it state the DA could not appeal if they didn't agree with the sentence and drag things out.

Keep in mind that while you can often negotiate, as I stated above every case is different and so are prosecutors so while you may get the chance to negotiate it really could be your only chance. Only your attorney can tell you how the parties in this case look at similar cases and react.
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Old 04-18-2019, 11:09 AM
tdj tdj is offline
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Plea deals can be tricky. Sometimes they reveal a bit what's going on in the mind of the D.A, but it's probably best not to guess that too much in your decision. I knew of someone who was charged with enabling child sexual abuse who was offered 5 yrs probation, 6 mos in county time served and fined $500. Which is crazy. If they were that unsure of the crime being committed that the plea was that lenient, then they had no business charging the person to begin with. If they had enough evidence to charge, then they by God should have been more hard core about it. What's worse, the spouse went to trial 5 months later and was found not guilty of the main crime.
Personally, I'm not a big fan of plea deals AT ALL. Way too many innocent people take pleas out of fear of not being believed and sent away at trial. It's no longer about right and wrong, but about which lawyer can play the jury the best. Who has the most silver tongue, in other words. Put someone in jail with no money to bond out and the whole innocent until guilty premise goes right out the window. That and the psychological impact of being locked up, alone and without a support base pretty much guarantees a win.
Filthy, vile and disgusting the whole system is.
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Old 04-18-2019, 03:58 PM
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Way too many innocent people take pleas out of fear of not being believed and sent away at trial. It's no longer about right and wrong, but about which lawyer can play the jury the best.
A plea was put on the table for my husband and he was told he had over the weekend to think about it. He would have been sentenced to seven years. Over the weekend, the DA was given evidence they felt they could secure a greater charge with and pulled the deal. A jury trial landed him with 37 years.

I'm with tdj, I'm not a fan of plea deals. They're used to intimidate and get people through the courts quickly. It's a crap shoot either way if you didn't do what you were charged with. If you're straight up guilty, then a plea may help you. How is that justice?
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Old 04-18-2019, 07:35 PM
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Everyone seems to want a deal until they get one, then it was a bad deal. As stated, if you are just plain guilty and you know what's coming, a deal is the best thing in your life at the moment.

All you are "threatened" with is what you get from the charges you are facing. No one was ever threatened with the death penalty for spitting on the sidewalk. If you are charged with... whatever... arson... you will be told what the law will allow. Why would you expect less?

If you want to turn down the deals, you're free to do so. You are not owed a deal. There's not a permanent sale on criminal behavior (rape one woman, get the next 4 women free - no charge for raping them).

If you can get out of some time that the court would impose, then you did better with the deal than without it. If you don't think deals are good, then don't take them.

From all the people I've heard complain that deals are to just get you through the courts, if you are guilty and you know it, how is that bad for you? What do you want in place of the deal... just a system wide reduction to "deal time" and then no deals ever beyond that?

If I was arrested for robbing a bank in Wyoming, right now, there's not a threat they could make that would make me take the deal. I'd go to court because I can prove, at any time, my whereabouts. Let's go to court. But if I really did rob the bank, I'd be open to any discussion they wanted to have.

So - is a deal good? Well, are you guilty and subject to the punishment prescribed by law? That's the decision to make. You can't get mad at the consequences after the fact.
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Old 04-18-2019, 09:12 PM
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So - is a deal good? Well, are you guilty and subject to the punishment prescribed by law? That's the decision to make. You can't get mad at the consequences after the fact.
No, and that's why a deal is good if you are guilty of the charges you face. But often times, people aren't guilty of the full gamut of charges presented to them. DAs often stack deck knowing they only have to get one charge to stick. You're right, it's rare to be handed a DP for spitting on the sidewalk. But it's not uncommon when talking about crimes with multiple defendants to see threats of indeterminate sentences unless you roll or take a plea. Maybe you were there, so of course you know what happened. Doesn't mean you participated or had responsibility. But simple association has you over a barrel. Do you take the assault charge? Or do you keep your mouth shut and turn down a plea and risk 15 to life for attempted murder? That's intimidation.
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