Aeson -
We appear to be at odds over guilt or innocence. I think you are taking the position he is guilty and hence the deal he took.
I don't know if he is guilty or innocent but I see an area for argument that a good defence attorney could explore. If I was more familiar with US law and precedent I would be more than happy to explore this further with you, but I am not.
My position on the statements - He should not have made any statement on trhe date of offence and if he had any intention of contesting the charge the second statement is "moot" in that it would never have been given.
Why did he take the deal? Who knows? Your position is that he accepted b/c he was guilty as sin and that he would be nuts not to. This may be.
It is also possible that he just wanted the whole matter to go away as quickly and easily as possible. This may rock your world to know but innocent people sometimes enter guilty pleas to offences they are not guilty of. I've personally seen it with one of my Michigan clients. Rather than return to Ontario for a trial he had a decent chance of winning, my instructions were to enter a plea for an agreed upon fine amount. It was the easiest option for that defendant.
Again, I'm not arguing he is innocent. If you want to conduct the trial I shall put it on my trial docket. I leave you in charge of gathering the witnesses however. Let me know when they are ready for questioning and I'll give it my best shot.
We appear to be at odds over guilt or innocence. I think you are taking the position he is guilty and hence the deal he took.
I don't know if he is guilty or innocent but I see an area for argument that a good defence attorney could explore. If I was more familiar with US law and precedent I would be more than happy to explore this further with you, but I am not.
My position on the statements - He should not have made any statement on trhe date of offence and if he had any intention of contesting the charge the second statement is "moot" in that it would never have been given.
Why did he take the deal? Who knows? Your position is that he accepted b/c he was guilty as sin and that he would be nuts not to. This may be.
It is also possible that he just wanted the whole matter to go away as quickly and easily as possible. This may rock your world to know but innocent people sometimes enter guilty pleas to offences they are not guilty of. I've personally seen it with one of my Michigan clients. Rather than return to Ontario for a trial he had a decent chance of winning, my instructions were to enter a plea for an agreed upon fine amount. It was the easiest option for that defendant.
Again, I'm not arguing he is innocent. If you want to conduct the trial I shall put it on my trial docket. I leave you in charge of gathering the witnesses however. Let me know when they are ready for questioning and I'll give it my best shot.
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