I've been indicted on multiple charges!

[Elden]

Originally posted by korn469
My main concern though, is there is the possibility i could lose on at least one of the misdemeanor charges (like i said they do have some circumstantial evidence, and while it's not that strong, i don't want to risk it) if it goes to trial.

Isn't their a way to plea to those charges without pleaing to the others???

[korn469]

i wouldn't plea guilty to anything they've charged me with instead, it'd be another single charge and that would be that...

but if you think i'm going to plea guilty to all they have me charged with, all i can say is HELL NO

[Cruddy]

One question - in the US, can you be convicted on circumstantial evidence alone?

If they are corrupt, they'll just wheel out made to measure witnesseses anyway, so maybe it's not worth the risk.

[korn469]

Cruddy

yea you can be, here's an article

http://www.msnbc.com/news/903322.asp?0dm=C234N

[Gilgamensch]

Don't know the American system so well:

But if this is your first incident, and even if you are convicted of some minor 'charges', it is up to judge to decide if you will have prison time or just prohabition. And if it was 'just' charges of misdemeanor, this shouldn't give you prison time. Unless repeated and so on............

For the lawyer, I just read somewhere, that you might be able to take yor current lawyer instead of an appointed one instead and having the 'public' pay for it. This you should check with your current one, though.

Otherwise: If you are innocent, go through it...........fight the rest....

For the jury: That might be a problem, but again it depends a bit on the laywer.

[Cruddy]

CE has more weight than confessions? ###**!!"!"*(*£$

Well, whatever you do, try your best to impress the court with your sobriety, prudence, and manners.

Don't be too cool - righteous indignation is a normal reaction. But don't let your emotions get the better of you either.

I guess the balance point is how much of your own evidence there is ; if you can give reasons to discount or explain the prosecution's case, and that's easier said than done.

One thing puzzles me though - don't bother replying, but... If they're that sure they have you on a stick, why the delay? Somehow I feel they're trying to break your will to resist rather than having a cut and dried case. On the other hand, maybe they've been busy with more important cases...

[Cruddy]

A couple more pointers;-

1) Your attitude to the local jurisdiction in the area is a liability. Either mask it or ditch it.

2) See if you can research similar case outcomes RECENTLY. Having a similar case that wasn't processed so speedily might give you a chance of a mistrial (wouldn't bet on it but you never know).

3) If you do lose, APPEAL. It's not all lost in the first round.

That's enough words from the Leper on a serious subject.

[Dinner]

Originally posted by Cruddy
One question - in the US, can you be convicted on circumstantial evidence alone?

If they are corrupt, they'll just wheel out made to measure witnesseses anyway, so maybe it's not worth the risk.

The defining anwser is you can be convicted upon any evidience which the jury feels makes you guilty beyond a reasonable doubt. Though the judges do have strict rules about which types of evidience are admissable and inabmissable.

[OPD]

After a recent stint of jury service myself I would have to say, don't count on any jury to take a rational fair or unbiased view.

If you were to get a jury where the main players don't like you or have personal reasons to go against you for what ever reason then you're screwed.

A jury simply cannot be counted on for common sense or consistency no matter how clear cut the evidence.

Take the plea bargain save yourself the hassle, worry and money so what if other people think your a criminal you know you aren't.

[S. Kroeze]

Dear Korn469,

This is extremely sad! I wish I could help you in some way. Since I am neither an American nor a lawyer my advice will be of little worth.

Yet like several posters here I think one should NEVER admit guilt when one is innocent. It's a matter of principle!

I also learned recently on Dutch TV that after the plea bargain has been arranged, the prosecution can always turn back on their part of the arrangement. So it is -in my view- a disastrous choice.
And please do not economize on your lawyer(s)! Don't!
You probably only live once and in another world our money will be of little worth.

I hope there is still some justice in the States...
My very best wishes!

Sincerely,

S.Kroeze

[SuperSneak]

Has he said what the charges are yet? I'm guessing it is statutory rape or some other sexual deviance.

[Elden]

Originally posted by korn469
i wouldn't plea guilty to anything they've charged me with instead, it'd be another single charge and that would be that...

but if you think i'm going to plea guilty to all they have me charged with, all i can say is HELL NO

I meant plea bargain not plea guilty.

As in: Plea bargain what they have circumstanial eveidence on plea not guilty to the others.

[Alexander's Horse]

Originally posted by SuperSneak
Has he said what the charges are yet? I'm guessing it is statutory rape or some other sexual deviance.

Goddamn I swear you and I are twins separated at birth

I was going to ask the same question.

He's being very coy.

[Cruddy]

OF COURSE HE'S BEING COY!!! THIS IS HIS LIFE AND FUTURE AT STAKE.

CUT THE BULL

[korn469]

cruddy

One thing puzzles me though... If they're that sure they have you on a stick, why the delay?

the old prosecutor apparently didn't think they had me on a stick at all, they had some evidence, enough for an indictment, but not much more...enough to threaten, but not much more, though like Oerdin and OPD said, it could go any way once it went to the jury, they have a set amount of time in which they could bring me to trial (speedy trials from the constitution in action), and it's rapidly ticking down, so if they are going to do anything they have to do it soon

as to point 3 in your post above, i'd be out of jail if i was convicted on the misdemeanor before the appeal would go through...lol so while i could clear my name on appeal, it'd be a pyrhic victory

Elden

As in: Plea bargain what they have circumstanial eveidence on plea not guilty to the others.

while it may be possible to do that, normally it isn't done, usually a plea bargin will cover all of the charges

S. Kroeze

as i understand it, once both sides sign the plea and present it to the judge, neither side can backout, though judges can still use their discression, but normally they abide by the plea

thanks for the kind words though

SuperSneak and AH

nope

when it gets finished though, which should be soon, i'll fill you in on what happened