These cases present a form of "judicial blackmail" on the part of the DA or prosecutor.

They stack charges, add every charge they can get away with, and by the time they are finished the defendant cannot afford to roll the dice and take the risk of going to trial even if he is innocent. They sometimes overcharge the defendant with the hope that as many charges as possible will stick.

For example, say you were a defendant and the DA had you charged with six different counts, with each count carrying 10 years in prison. That would be sixty years if you went to trial and lost----and the majority of defendants lose at trial.

But here comes the DA and offers to drop all the charges except one or to run them all concurrently in exchange for a guilty plea. With the one charge left, the punishment would be 10 years.

Compounding this fact is that most defendants cannot afford adequate representation in the form of a private attorney and are stuck with an overworked public defender.

Ten years vs. a possible 60 years. What do you think most people would do?

The defendant cannot afford to take that kind of gamble.

rewdiazepam

Thats exactly what my SIL went through. He was facing 60 years on all his charges. He plead to 2 charges and got 10 years.

It is a gamble. I have often wondered if i got charged with a crime and i was innocent, would i take the deal or gamble my life away?

And i can tell you when it come to juries its a crapshoot! There is no ryme or reason. So basically you are screwed.

Thats what happened to me , all charges together i was looking at 76 years or take the plea bargain for 18 months , DUH , i took the plea bargain and the judge said NO , and gave me five years . he said , you and you , pointing at the lawyers , made this deal i am not going to do it .

Spock, Thats what happened to me, I was facing 15 to 20 by jury and the DA and my Court Appt, Attorney plead a deal of 1 yr in jail and 8 years probation. The judge threw out the plea and sentenced me to three years (DOC) and said, you asked for help and I'm sending you to where you can get it.

Here's the thing about "Plea Bargains" (Since I've had my share of them) The plea is taking the more serious crime out and dropping it to a lower crime. I have always met "criminals" who took a plea who truly was not innocent, but took the plea knowing they would get convcted. I always say this, anyone is totally innocent will fight against the case knowing they were innocent, but so many DA's use tricks and other means to get the conviction even if the defendant is innocent.

Here is a prime example of the criminal justice system doing it's job but having money and power to corrupt the outcome.

Three 8 year old boys were murdered in West Memphis, Arkansas, One 17 year old (possibly mentally challenged) confessed to the killings and implicated two others (16 and 18 year old) There were many errors in the case, no physical evidence or other issues execpt for the confession. The three teens were tried and convicted and sentenced. A movie, books and other media outlets showed the case had errors and that the case should have been dropped due to reasonable doubt. So, Musicians, Actors and other main stars hired high priced attorneys and took up an advocate to fight for the freedom of the three teens (now adults) After 15 plus years the defense and state came up with a "Alford Plea" (Plea Bargain: that states the three men can claim innocent even though they were convicted) *On a personal note: I lived in the area during this crime, and I feel that the teens were guilty and DID commit the crime and was trying to minupulate the system, The three young boys were murdered and left naked in a creek bed. I do believe that if you have LOTS of money and power you can get away with murder (perhaps even a sex offense)

Just my thoughts.....

My husband took that gamble and went to trial. The jury hung. The ADA vowed to retry and have all our evidence kept out the next time. Hubby was facing 20+ years if convicted. We'd already seen that the ADA was willing to play dirty (coaching the accuser etc) I think she was pissed that we dared defy her.

So yeah, when he was offered 3-23 mos in County, 3yrs. probation and 10 years on the registry, he took it. He got out in 3mos., and only had to half his probation. Unfortunately with adoption of the AWA, he's now on the registry for life, unless we can fight it over a breach of contract. I think someone else in PA has done so and won...so we hope to do so at some point.
Some people can't understand why he took the plea....well, because some things are worth it. His family,and getting to be in his sons' lives was worth it

That was a good article. Guess you can say that if you get arrested for anything. you have a 97% chance of getting screwed over.

faeryedark, I hope and pray for your husbands "breach of Contract" but don't hold your breath, Until "WE THE PEOPLE" can change the SOR laws I regretfully announce that he may be a LIFETIME Reg. Please give him some added advice...... READ!!! READ!!! READ!!!! the SOR paper he has to sign each year or quarterly, new laws affect things and he might get "VIOLATED" without knowing and the SOR agents don't give a F@(k
I believe that the SOR is in place to RE-OFFEND by violation a SO, So many SO's are re-convicted just because they did something unknowingly. I know a SO who was violated because his WIFE a non-SO put up a "Harvest yard flag and straw-stick person" in their yard by the sidewalk. He was sentenced WITHOUT a jury or anything for 90 days plus 2 years probation (1st offense violation in Tennessee) lost his job and they almost lost their residence because of back rent due. JUST BE WATCHFUL!!!!!!!

Trust me I've been watchful, but thanks for the reminder.

Yup, my innocent son plead guilty

I was looking at five years to life on my charges.

They offered me a plea of five years but I turned it down because I could not bring myself to plead guilty to something I did not do.

The jury gave me 20 years, but I still don't regret going to trial. I had to live with myself after all this was over and I thought I would have a tough time if I pled guilty when I wasn't. I suppose that is just how I am. Unlike a lot of the other board members here, I was charged with a very serious offense----first degree rape of a child. I wasn't about to plead guilty to a charge like that.

But I don't criticize any innocent person for accepting a plea bargain. As I look back on my case I certainly rolled the dice and I could have wound up with a 60 year sentence instead of a 20 year sentence.

Twenty years was plenty.

rewdiazepam

that article is so true and right on point.

there are very few people who when faced with a possible sentence of 30yrs to life and a plea that offers 10yrs will have the balls to go to trial and take the chance of getting worse than the 10yrs.

also see

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2071397

http://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1116&context=clsops_papers

http://www.americanbar.org/content/dam/aba/publishing/criminal_justice_section_newsletter/crimjust_cjmag_23_3_yaroshefsky.authcheckdam.pdf

Like everyone else, my son is in this space. His lawyer has told him that the case against him is "the weakest he's seen put forward by a cybercrime unit" and that he is "the first person he knows of facing this charge who stands a good chance winning at trial."

But let's say he has a 90% chance of winning —unlikely since the conviction rate on the charge is >99%. Even so. Losing at trial means a minimum of 5 years, and possibly much more. So when the DA offers a deal with no jail time, it's very hard to say no.

I am submitting the papers I listed the links to as part of my application for a Green Card as the USCIS has no idea why a person would plead guilty to something they didn't do.

I hope this is enough evidence to explain why, as my husband was told he'd be facing over 30 years in prison if convicted, as compared to serving a year in county and 8 years probation

:(

So much for truth justice and the American way huh.

there is no longer any "truth, justice and the american way".