Thursday, January 11, 2007

Tip for the Prosecutor

Offering my client a deal that involves pleading as charged (to a felony, no less), and a sentence recommendation that is pretty much exactly what the judge would sentence him to if he went to trial and were convicted is not really a plea bargain offer.

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3 Comments:

Anonymous Anonymous said...

Tip for the PD: It's not the state's job to give your client what he/she wants on a silver platter.

1/12/2007 2:33 PM  
Blogger 123txpublicdefender123 said...

Tip for anonymous: I'm not asking for the prosecutor to give my client what he wants on a silver platter. However, if you expect someone to give up his constitutional right to a trial, you usually have to provide some sort of incentive. Something along the lines of a conviction on a lesser charge or a better sentence than they would likely get if they took the risk of a trial and lost. If you have nothing to lose and everything to gain by going to trial, why would you plead guilty?

1/12/2007 3:51 PM  
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3/27/2010 4:56 PM  

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