Is That Plea Deal Really a Deal?

 

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.

 

When and How to Invoke Your Right to Silence

 

 

You have the right to remain silent…USE IT!

 

You decided to leave your house for a late night drive, the next thing you know, you look in the rearview mirror and you see flashing police lights. The officer walks up to you're vehicle, takes one look and tells you to step out of the car, your placed in handcuffs. The officer puts you into the back of the car and drives you to the police station. The officer tells you that you match the description of someone who robbed the house in the area of which you are driving. A detective comes up and takes you to a back room of a police station, puts a recorder on the table and says “Let’s hear your side of the story.” 

What do you do now?

Your freedom, your reputation, and your life depend on what you say in this moment.

 The next words out of your mouth should be “I wish to speak to my attorney.”

The right to silence is designed to protect the innocent. The police can and will stretch the truth and make promises to you that are not true.  For instance, they say you can get a lower bail amount if you co-operate. They may say your best friend is in the next room singing like a canary. They may even threaten your life. It is their job to get as much information out of you as possible.  Don’t give in to their pressure and please exercise your right to remain silent!

You should always exercise your right to silence until you have obtained proper legal advice, even if you believe you are guilty and especially if you believe you are not guilty.