Prison is Hell for the guilty. It is difficult to envision what it must be like for the innocent. How and why do innocent people confess or plead guilty to crimes that they did not commit? In most instances, a defendant will be required to make a choice between a plea of guilty or not guilty. When pleading guilty a defendant is required to "allocute" before the judge -- admit the crime and furnish sufficient details to satisfy the court that he is indeed guilty. (One cannot help wonder how and by whom an innocent defendant is furnished with enough information about the crime to satisfy the court of his guilt.)
The defendant, frightened, most often poor, uneducated, a minority member is advised that a trial is likely to end with a conviction and a long sentence, whereas a plea will guarantee a much shorter sentence. Despite his protestations of innocence, the defendant seeks guidance frequently from an over-worked, underpaid defense lawyer who would much prefer a quick deal rather than a long drawn out trial. Of course, not all defense counsel fit that description. An innocent person should NEVER plead guilty.
The reality is that without plea bargains the entire criminal justice system would come to a halt. Charges would be tried ten years after they were made. The only solution is vigilance by all those involved. The prosecutor, defense counsel and the court must be satisfied of the defendant's guilt before urging or accepting a plea. I recognize that there is no avenue to absolute certainty because the knowledge of guilt or innocence lies with the defendant, but all involved must strive to PROTECT the innocent -- even those who profess to be guilty.
If you believe you are innocent, hiring the right attorney can make all the difference. Seek out an attorney who has trial experience and is not afraid of telling your story to a jury. Your freedom may depend on this choice.
