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  1. #1
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    May 2013
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    Question Adult Charged with a Crime Despite Prior Plea Deal With a Minor Defendant

    My question involves criminal law for the state of: South Dakota
    Good Day!
    A minor was charged with “Possession of stolen property - 1st degree”. Shortly after, the adult who actually committed the crime came forward and took sole responsibility. The State’s Attorney elected NOT to charge the adult, and left it on the minor. As part of a plea bargain, the charge was ultimately dropped. Now, eight months later the SA has decided to go ahead and charge the adult with the exact same crime?!!

    Very simply, how is it the state can legally do that?!??! Obviously they’d planned on using it as a ‘bargaining chip’ in the minor’s case, knowing all along that they were most likely not going to pursue it due to a total lack of evidence, (not to mention the fact that they already KNEW the individual wasn’t guilty!!!), and would eventually turn around and charge the person who had confessed in the first place!!?! Someone please tell me that our legal system is not that screwed up…?!? I'm not saying the adult shouldn't face the consequences, but how is it that the state has the 'latitude' to. . .well, basically use the same charge twice??!

    I would sincerely appreciate any assistance with understanding the 'legalities' of this matter! Thank you in advance!!!

  2. #2
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    Nov 2007
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    Default Re: Can the State Use a Charge in One's Plea Bargain Neg's, then Charge Another with

    If I went in to target and stole a coat but the police charged my buddy by mistake then obviously only I committed the crime. If I let him borrow the coat,we both can be guilty of possession of stolen property. Maybe I'm guilty of shoplifting and possession of stolen property. Cops and the da can be shady sometimes and we don't know all the facts,it is very easy for two people to both posses the same stolen item.


    Maybe if the minor lawyer argued someone else confessed to the crime the court would of eventually just dropped the charge straight out and not thru a plea bargain. It sounds like the minor might of entered in to some type of diversion program where after a certain amount of time the case gets dismissed. If he truly 100 percent innocent ,I hate when people get screwed thru the court system. Many times we need to pay for a lawyer that cost a lot of money just to have a chance at getting the fair out come. Even then the person wasted so much time and money.

  3. #3
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    Default Re: Adult Charged with a Crime Despite Prior Plea Deal With a Minor Defendant

    I'm not sure why you would believe that an adult who goes to the police or prosecutor and confesses to a crime cannot be charged with that crime. Perhaps you will share your thought process.

    There is no reason why two different people cannot be guilty of possession of the same stolen property.

  4. #4
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    Arrow Re: Adult Charged with a Crime Despite Prior Plea Deal With a Minor Defendant

    Quote Quoting Mr. Knowitall
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    I'm not sure why you would believe that an adult who goes to the police or prosecutor and confesses to a crime cannot be charged with that crime. Perhaps you will share your thought process.

    There is no reason why two different people cannot be guilty of possession of the same stolen property.
    --------------------------------------------------
    Well firstly, I of course believe if someone confesses to a crime they can - and should - be charged with it. But in this instance, they weren't!

    The minor was only charged with it as a result of a search warrant in his name being executed at the parents' home, but for something completely unrelated. It just happened that the adult, (the minor's older sibling BTW...), had hidden the stolen property on the premises the prior night and was discovered during the search.

    And since the minor had absolutely NO KNOWLEDGE of the existence of the stolen property, was indeed completely innocent, and was never in possession of it - something the adult made clear to the authorities while making the statement/confession.

    But again, the SA never charged the adult, it was left completely on the minor, who they attempted to convict for it, but for all practical purposes...'failed'!?!

    And this really is the root of my question(s), as to how the SA can not be required to drop a charge against someone when another individual has confessed to the crime?!? I assume that they simply didn't believe the adult - nor the minor for that matter, obviously - thinking that the older sibling was just trying to protect the younger one by 'taking the fall'?!

    And in doing so, doesn't that essentially mean/indicate/prove...that they didn't believe the adult was telling the truth, that his confession was...well, a lie?!! And if so, how is it they have the 'luxury' of later - after failing to convict the minor for it - changing their mind and say "well, I guess we do believe him after all". . .and proceed to charge him with it?!??!

    And lastly, does the SA's actions indicating(to me at least...) that they didn't believe the adult's confession, open the door to any possible options with regards to his defense???

    Appreciate your time - everyone!!!

  5. #5
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    Default Re: Adult Charged with a Crime Despite Prior Plea Deal With a Minor Defendant

    Quote Quoting DLHLEGAL1
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    Well firstly, I of course believe if someone confesses to a crime they can - and should - be charged with it. But in this instance, they weren't!
    You have apparently forgotten what you just told us.
    Quote Quoting DLHLEGAL1
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    Shortly after, the adult who actually committed the crime came forward and took sole responsibility.
    So we're in agreement - the adult confessed, and thus can and should be charged with the crime he admits he committed.
    Quote Quoting DLHLEGAL1
    But again, the SA never charged the adult, it was left completely on the minor, who they attempted to convict for it, but for all practical purposes...'failed'
    The minor entered into a plea bargain. That's not a failed prosecution, it's a successful prosecution.

    The fact that the charge was dismissed against the minor, possibly because the adult clouded the prosecution by confessing, is irrelevant both to the fact that the adult confessed to the crime and can be prosecuted for the crime. As you have agreed, that's a just and appropriate outcome given his confession. You have told us that the charge against the minor was dismissed, so your gripe on that issue stands for nothing. And as has already been explained, it's very possible for multiple people to be guilty of the crime at issue.

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