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  1. #1
    Join Date
    Nov 2009

    Default When Does a Plea Bargain Graduate to Extortion Commited by the D.A.

    My question involves criminal law for the state of: California in the county of Orange.

    I am currently fighting an ongoing case regarding 11357(a) HS Misdeminor Possession of concentrated cannabis. Besides the fact that I did not possess any amount of concentrated cannabis(defined as "hash" in CA law) I was also charged with 11360(a) HS Felony Sale or transport of marijuana. In reality I was caught with 31 grams of Marijuana which was found in the trunk of a car which is not registered nor owned by me and of which I was a passenger during the incident. My felony charge 11360(a) has since been dismissed due to insufficient evidence, however the D.A is ademate about convicting me for the misdeminor. I've been offered multiple plea bargains including:
    (1)PC1000 w/ dismissal upon completion
    (2) 30 days in jail +3 yrs probation
    (3) Submit my DNA to the prosecutors office and they will dismiss the charges

    Now that you have the basic setting of the situation here is my question. At what point does a district attorney's offer of a plea bargain turn into an act of extortion or a violation of my civil rights? I have been informed by my Public defender that the D.A. is collecting DNA samples from as many defendants as possible in an effort to win rights over the county DNA lab and its funding, which are currently overseen by the local sheriffs dept. It was explained to me that if the district attorneys office is able to obtain as much or more DNA than that of the sheriffs dept, then they will receive jurisdiction over the DNA lab and the funding that comes with it. I thought a plea bargain was defined as an offer for the defendant to plead guilty to a "lesser" offense in exchange for a reduced sentence or a not so severe penalty. So how is it that volunteering DNA constitutes as a reasonable and legitimate restitution for the crime??? Is it no longer required that the punishment fit the crime? On one hand im offered a drug program(pc1000) which is meant to aid drug addicts in there rehabilitation and offer diversion from incarceration. On the other hand they offer me(an accused drug addict) the chance to submit my DNA for a dismissal of the charges and allow me to walk away free and clear of any repracussions. And that somehow is supposed to deter me away from commiting the crime again? In reality all of this talk on court corruption has got me hankering for a bong toke!!!

    Thanks for listening.. Any input is very appreciated.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: When Does a Plea Bargain Graduate to Extortion Commited by the D.A.

    How is a plea bargain "extortion"? If you don't want to accept a plea bargain, nobody makes you.

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