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  1. #11

    Default Re: help

    Quote Quoting redtoy92
    View Post
    sounds like they did it! Funny how that works.
    Because they are exceptional at scaring the bejeezus out of you by telling you what will happen if you don't! My boyfriend's in this situation right now. Don't plead guilty if you didn't do it! It's not worth it. Probation sets you up to fail and you'll be worse off if they give it to you. If you didn't do it, make them prove you did. Take your chance with aquittal! My boyfriend didn't have the money to go to trial and the DA told him he would get years in jail if he didn't plea...or he could plead guilty and do 5 years probation. Of course, he took the probation and now his PO is trying to screw him over and send him to prison although he is 100% compliant. Don't let them scare you if you're innocent! Know your rights and stand up for them! Be careful and good luck.

  2. #12
    Join Date
    Oct 2006
    Location
    UTAH
    Posts
    178

    Default Re: help

    your right.. if you DID NOT DO IT THEN FIGHT IT WITH ALL YOU GOT> But 99% of the time that is not the way it is.

  3. #13
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Should I Plead Guilty Even Though I Didn't Do It

    What I learned from the below personal experience was this:
    If you can afford to fight something where you are in the right and a judge or jury will be convinced, do so.
    You can not afford to not flight something.
    Rules in civil procedure and criminal procedure are significantly different.
    Trust your attorney that you pay good money for.
    Before settling or pleaing out, allow your attorney to go through the discovery process.

    I had a disorderly arrest nearly 10 years ago with a dismissal. The DA was offering 6 months probation and 30 hours litter pickup. I spent some money and got an attorney. The D.A. was too busy to return our discovery request and we had to do it on our own at our own cost. After discovery the attorney showed me where I was innocent and we went to trial. The D.A. did not show in court but the officer did. The judge agreed that if I didn't sue the officer for false arrest or cause the officer any more trouble (I filed a complaint for false arrest before retaining a lawyer and noted to my lawyer that malicious prosecution against the DA was next) he would dismiss the case at my next court date. Discovery was the difference between right and wrong and it was clear in the officer's report, what witnesses noted, and what the officer's partner had noted in the complaint (Officer M----- had a bad day) that I was innocent.


    Many years ago my lawyer talked to me about discovery during a lawsuit that my company was involved in. We were being pressured to settle by the alleged leinholder outside of the legal process. During the discovery process for the materialment lein my attorney told the other attorney (he and the other attorney were judge pro temp in a small town) that he recieved the discovery information and they did not have $h##. He and the other attorney agreed that there was not enough to warrant a lien but his client wanted to push forward. My company filed a suit in the tens of thousands against this aircraft mechanic alleging many things that made my head spin. The other guy dropped his claim quicker than a red hot coal and he settled with me versus me settling with him.


    My lesson:
    If you are innocent spend the money to hire an attorney!
    If you are guilty, hire an attorney to broker a deal. Though you pay taxes that pay the DA, the DA is not your friend. The plaintiff's counsel is not your friend. About 95% of the time their job is to make you settle or plea out.

  4. #14
    Join Date
    Dec 2007
    Posts
    4

    Default Re: Should I Plead Guilty Even Though I Didn't Do It

    I am betting Toshiba wrote and signed a confession.

    Get a public defender. Doesn't cost a thing.

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