I've been indicted on multiple charges!

[korn469]

A fairly long time ago (more than a month less than a year) an event happened to me that is finally almost in the end stages. During that time, I've been arrested, thought it was resolved, then later on when I thought it was over a new prosecutor took over and handed my case over to a grand jury which indicted me on a number of charges (felonies and misdemeanors both). I've hired a lawyer, and tried to fight it as best as my limited funds will allow. What I'm charged with is bogus, but the prosecution has taken the few facts they have and stretched it to the limits of the imagination. I have a pretrial hearing in a few weeks, and hopefully it will all be resolved then (most likely with a plea bargin). If not I will go to trial in a month or so (barring any postponements). Right now if I'm convicted on all charged and giving the maximum penalty, I could serve up to eleven years in prison. However, while one can never be certain about a trial, I think a jury would exonerate me on all charges, thought I don't want to be out the expense of going back to court, which would be quite substantial (for me at least). I don't trust a court appointed lawyer. This would be my first offense though, and everybody seems highly confidant of the outcome.

This event has really had a major impact on my life, and has been the cause of much stress for me. I've felt everyday since this has happened that once the wheels of injustice start turning there is nothing the average person can really do about it without being out quite a bit of money. So does anybody here have any advice, or has underwent a similar experience? When everything is taken care of I'll share my story in full.

[Ming]

Don't take a plea bargin... take the FREE court appointed lawyer and fight it to the end. If you believe you are innocent... you will win. Now, if you have broken the law, take the plea bargin

[Shi Huangdi]

It'd be hard to give advice without more details. What did you, and what were you charged with?

[Boris Godunov]

Oh right, innocent people never go to prison, do they?

[Ted Striker]

Keep the BS out of this thread Boris.

He needs help.

[Boris Godunov]

Originally posted by Ted Striker
Keep the BS out of this thread Boris.

He needs help.

That was in response to Ming's assertion he should only plea if he's guilty.

The fact is, he could very well find himself screwed if he does that. He has to look at his chances in a trial realistically, regardless of his actual guilt or innocence. If it looks like the prosecution has him over a chair, it may just be best to accept a plea deal rather than fight it and risk 11 years in prison.

[korn469]

Ming

the thing is they have enough circumstantial evidence to possibly prove one of the misdemeanors, i'm not sure. it'd be a crap shoot. the scariest thing is that i'm the bible belt full of rural old god fearing ladies who wouldn't hesitate for a second throwing a guy like me to the wolves. and if i take the plea bargin, i would only get like a year's probation from what my lawyer has explained to me, then the charge who go off of my record in a few years. which doesn't sound that bad...the police department is known for corruption though. they've been implicated in a few mysterious deaths for people in their custody and last i heard they a 7 million dollar lawsuit pending against them. so i'm not eager to mess with them at all. i just want it all to be over asap. so i dunno.

[Ming]

If you think the best they can do is prove one of the misdemeanors, then AVOID any plea, because a single misdemeanor charge is a drop in the bucket and Has to be better than any plea they offer.

And Boris... read his first post... He claims that there is very little they can prove... Based on what he has written so far, he should avoid any admission of quilt.

If he accepts a plea, he is a criminal for THE REST OF HIS LIFE... whenever he applies for a job... He has to say he has been convicted!

If you think you have a reasonable chance to win, FIGHT IT TO THE BITTER END.

[korn469]

That was in response to Ming's assertion he should only plea if he's guilty.

The fact is, he could very well find himself screwed if he does that. He has to look at his chances in a trial realistically, regardless of his actual guilt or innocence.

boris

this is the exact situation i've found myself in

[Ming]

Originally posted by korn469
boris
this is the exact situation i've found myself in

Nahhhh... you should read your first post again.

You feel a jury wouldn't convict you... their evidence is crap... and you just don't want to go to trial because you can't afford it or you don't trust a court appointed lawyer.

If they want to offer you a plea, it's because they don't think they can nail you... So fight it.

[korn469]

ming

i'd be pleaing to a single misdemeanor with the same basic sentencing guidelines as the one i've been charged with, there are a few differences between them in terms of punishment but not much really

[reds4ever]

Originally posted by Ming

And Boris... read his first post... He claims that there is very little they can prove... Based on what he has written so far, he should avoid any admission of quilt.

so there we have it, NEVER admit quilt!!!

[Ming]

Originally posted by korn469
ming
i'd be pleaing to a single misdemeanor with the same basic sentencing guidelines as the one i've been charged with, there are a few differences between them in terms of punishment but not much really

Then why not take the chance if you know you are innocent... It doesn't sound like they can make ANY of the other charges stick... Again.. a plea means you ADMIT you are guilty... for the rest of your life.

[korn469]

Ming

I'm almost positive that they if it goes to a jury i'd get off on all of the felonies, and all but one of the misdemeanors which could go either way. However, in doing so, fighting it would cost significantly more than pleaing, (because all i'd have to do is stay out of trouble for a year which is what i've done my whole life...till this happened) and i've been advised by a very reliable source that the court appointed lawyers wouldn't be very helpful at all. I'm still in school, and trying to work as well. My bail and lawyer cost me more than what I made last year (which i paid out of my own pocket), and going to trial would double that.

[GePap]

Ask your lawyer (and poerhaps other lawyersm if you can get second opinons) what thier most honest recommendations are, and go with those. I think they would know more about the situation, and your chances one way or the other, than us here at Poly.