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Forum nameGeneral Discussion
Topic subjectIf you were charged with a crime you did not commit... (hypothetical)
Topic URLhttp://board.okayplayer.com/okp.php?az=show_topic&forum=4&topic_id=12711376
12711376, If you were charged with a crime you did not commit... (hypothetical)
Posted by imperial, Wed Dec-31-69 07:00 PM
but the evidence against you was so compelling and it would be difficult to prove your innocence. Either because you were setup or just sheer bad luck of being at the wrong
place at the wrong time. The minimum sentence for this crime is 5-10 with no possibility
for parole.

Lets say you have to stand trial but have been ruled out as a flight risk so you made bail.
what would you do?

Poll question: If you were charged with a crime you did not commit... (hypothetical)

Poll result (16 votes)
Get the best attorneys money can buy stand trial and hope justice prevails (7 votes)Vote
Cop a guilty plea and ask for a reduced sentence. (3 votes)Vote
Get the hell out of dodge. I know some peeps across the border or islands (3 votes)Vote
Pray, cause well sometimes that's all you can do (2 votes)Vote
Go on a psycho rage and commit the crimes you are accused of, that will show them. (0 votes)Vote
I'm white, I would never have this problem hypothetically or in real life (1 votes)Vote

  

12711515, Red then Green if needed
Posted by unfukwitable, Wed Jan-28-15 12:44 PM

======================================
http://www.zuitomedia.com/
12711517, i'd hit the net. do a go fund me. cry on camera. appeal to the masses.
Posted by Deadzombie, Wed Jan-28-15 12:47 PM
then buy that lawyer.
12711521, No one will ever win accusing me of shit I didn't do
Posted by ThaAnthology, Wed Jan-28-15 12:50 PM
my name is all I have. I will fight to no end to protect my reputation and my name.
12711533, in the real world that's usually not smart.
Posted by SoWhat, Wed Jan-28-15 12:57 PM
if the prosecution has an air-tight case and you know you are innocent it would behoove you to consider a guilty plea depending on the prosecution's offer.

like if they offer a reduced charge which involves a much lighter sentence than the one you'd face after a trial loss (where the loss is all but guaranteed) you'd be silly to fight just b/c of your 'reputation'. unless you're fine w/serving 5 yrs in prison where you could've walked away w/either less than a year in the county jail or maybe no jail at all but some probation.

there are too many variables involved in the real life cases to stand firm on that idea that you would not ever admit to doing som'n you didn't do. i understand that idea in the abstract though. but in the real world it's usually not the best solution.
12711594, I disagree but i understand your point
Posted by ThaAnthology, Wed Jan-28-15 01:43 PM
then I would end up in jail because I will not cop to something I did not do regardless of the penalty.

My name means more to me than you realize.
I am the last other than my son. There is a legacy I have to recognize. Freedom on a lie is not worth it to me if my name is forever linked to something I did not do.

Thus I struggle to find how any one would have that much evidence. I struggle to see how I would not have equally as much ammo against the charges as my attackers have to lay me out. Just saying in the real world I'd be very prepared.
12711610, Uh huh. Sure.
Posted by SoWhat, Wed Jan-28-15 01:50 PM
12711696, we are of course speaking in hypotheticals correct?
Posted by ThaAnthology, Wed Jan-28-15 02:33 PM
12711728, yes. and i speak from actual experience.
Posted by SoWhat, Wed Jan-28-15 02:48 PM
i hear clients come in talking like you and after i advise them they change their tune. usually.

some don't and we go to trial where it's against my advice.

i told a woman to accept the state's reduced charge b/c the evidence against her was compelling and i didn't have a great defense. she insisted. we lost. she was convicted and sentenced to months of jail and 2 yrs probation. if she'd accepted the deal i'd worked out for her she could've walked away w/o a conviction and no probation or jail.

but she didn't wanna admit to a crime she felt she didn't commit.

okay.

*shrugs*
12711732, my issue is I don't buy the lack of defense part
Posted by ThaAnthology, Wed Jan-28-15 02:51 PM
of the hypothetical. Someone is accusing me of something, best believe I will have enough evidence to defend myself. (This is if I am completely innocent fyi.) If there is a hair of guilt, i am guilty ( I Self Lord and Master) so I will accept what comes.

But if i am completely innocent, my lawyer wil llove me because of the amount of work I wil ldo to clear my own name.
12711741, okay.
Posted by SoWhat, Wed Jan-28-15 02:56 PM
this woman felt she was innocent too. the prosecutors had pictures that proved their case. they also had eyewitnesses who testified credibly to prove their case.

but she was adamant about her innocence. and the defense was reasonable and could've been believed. she insisted on testifying and i thought it was a good idea. but the jury HATED HER. and so did the judge which is why she got launched at sentencing.

of course, i've represented plenty ppl who were innocent and refused to accept any offer and we went to trial and won. including a first degree murder captured on video w/several eyewitnesses who had identified my client as the shooter. we beat that case - all of the eyewitnesses recanted and the video didn't show the shooter's face.

so i get it.

the analysis is fact specific. it's case specific.

i just disagree that it's ALWAYS worth it to go to trial where one feels they are innocent though the prosecution has compelling evidence that tends to prove guilt.
12711691, If you get convicted your name is linked as public record anyway
Posted by dafriquan, Wed Jan-28-15 02:29 PM
>Freedom on a lie is not worth it to me if my name
>is forever linked to something I did not do.

You'll just be seen as another criminal who plead "not guilty" which is about 90% of all criminals. Pleading not guilty and fighting the case from jail does not exonerate your name.
12711733, IF... that is a big IF
Posted by ThaAnthology, Wed Jan-28-15 02:52 PM
so it will be worth it to me.
12711749, RE: IF... that you can be accused of rape
Posted by deejboram, Wed Jan-28-15 03:02 PM
And you could lose on a technicality
Many guys have been done like this
12711525, LOL. i do this all day.
Posted by SoWhat, Wed Jan-28-15 12:52 PM
>but the evidence against you was so compelling and it would
>be difficult to prove your innocence.

if that's the case then i'm listening to the prosecution's offer.

Either because you were
>setup or just sheer bad luck of being at the wrong
>place at the wrong time. The minimum sentence for this crime
>is 5-10 with no possibility
>for parole.

if the prosecution offers to reduce the charge so i can avoid that minimum sentence i'm probably going to accept the offer. especially if they offer a reduction to a misdemeanor. (note: i assume this is about a felony charge due to the number of yrs in the minimum sentence)

if the prosecution doesn't offer to reduce the charge but offers the minimum sentence i may accept depending on several factors:

what i know about the sentencing judge (do they sentence harshly?)
the nature of charge (is it a heinous crime?)
the nature of the facts the prosecution can prove (is there something aggravating in the facts that will make the judge likely to give me a harsh sentence?)
the nature of my criminal history (will the judge launch me after a trial loss b/c i've got several priors?)

...generally if i have a clean record and the offense charge isn't heinous and there are no aggravating facts in the case i'm going to take the risk of trial if the prosecution won't offer a reduction. b/c maybe the jury will find me NG. or the prosecution will fuck up the case and i get that NG or the case doesn't survive my attorney's motion for a directed verdict.

>Lets say you have to stand trial but have been ruled out as a
>flight risk so you made bail.
>what would you do?

my analysis is the same whether i'm in or out of custody pre-trial.
12711571, RE: LOL. i do this all day.
Posted by imperial, Wed Jan-28-15 01:28 PM
It would seem hearing the prosecutors offer to be a reasonable and probably
the lesser evil of the other options. But I think a lot of people will have a hard
time admitting to something they did not do.

But if you lawyer up and are found guilty you are at the mercy of the sentencing judge
and may end up getting the maximum sentence? sure there is an appeals process, but I am
sure that also takes time and money?

meanwhile:
I heard the locals in Oaxaca Mexico are very friendly and the weather is good most of the year, plus they have a booming agricultural and fishing industry...
_____________________________________________________
miserable niggas yo
cant let nobody have nothing
"god save the queen pip pip cheerio tea time princess di" ass niggas (c)white desus
12711619, some ppl do have a hard time admitting to a crime they didn't commit.
Posted by SoWhat, Wed Jan-28-15 01:54 PM
I know 2 ppl currently serving 12 yrs in federal prison bc they wouldn't so admit though the evidence against them was overwhelming. The offer was 3 yrs at 85%. They rejected and lost at trial and got launched at sentencing.

Oh well.
12711661, did you mean lynched or are u saying their asses got launched into jail?
Posted by BigJazz, Wed Jan-28-15 02:14 PM
***
I'm tryna be better off, not better than...
12711674, 'launched'
Posted by SoWhat, Wed Jan-28-15 02:19 PM
meaning they were sentenced above the minimum. it was b/c there were aggravating circumstances in their cases and they refused to accept responsibility at sentencing.
12711679, word. i learned some new legal shit today. now watch me weave it into
Posted by BigJazz, Wed Jan-28-15 02:20 PM
a normal conversation and front like i been knowin the shit...


***
I'm tryna be better off, not better than...
12711684, lol
Posted by SoWhat, Wed Jan-28-15 02:23 PM
12711629, it would need to be a non-extradition treaty country
Posted by PoppaGeorge, Wed Jan-28-15 01:57 PM
>meanwhile:
>I heard the locals in Oaxaca Mexico are very friendly and the
>weather is good most of the year, plus they have a booming
>agricultural and fishing industry...


so Mexico is definitely out.

better jump the first flight to Vietnam, Ivory Coast, Cambodia, or Ethiopia and never look back.

---------------------------

forcing myself to actually respond to you is like bathing in ebola virus. - Binlahab

Like there is stupid, and then there is you, and then there is dead. - VAsBestBBW

R.I.P. Disco D
12711693, RE: it would need to be a non-extradition treaty country
Posted by imperial, Wed Jan-28-15 02:32 PM
>so Mexico is definitely out.
>
>better jump the first flight to Vietnam, Ivory Coast,
>Cambodia, or Ethiopia and never look back.

coin toss says Ethopia

>
>---------------------------
>
>forcing myself to actually respond to you is like bathing in
>ebola virus. - Binlahab
>
>Like there is stupid, and then there is you, and then there is
>dead. - VAsBestBBW
>
>R.I.P. Disco D


_____________________________________________________
miserable niggas yo
cant let nobody have nothing
"god save the queen pip pip cheerio tea time princess di" ass niggas (c)white desus
12711745, Plenty of other African nations to pick from
Posted by PoppaGeorge, Wed Jan-28-15 03:00 PM
Ethiopia and Ivory Coast were just the first two I could think of.

Morocco is another and I think Uganda as well.


---------------------------

forcing myself to actually respond to you is like bathing in ebola virus. - Binlahab

Like there is stupid, and then there is you, and then there is dead. - VAsBestBBW

R.I.P. Disco D
12711536, Red. Green if I'm too broke for a good lawyer.
Posted by 8-bit, Wed Jan-28-15 12:58 PM
12711608, Everyone voting red is slightly full of pooo
Posted by Buddy_Gilapagos, Wed Jan-28-15 01:50 PM
this happens ALL da Time and you'll probably do what most people do in this situation.


**********
"Everyone has a plan until you punch them in the face. Then they don't have a plan anymore." (c) Mike Tyson

http://blackpeopleonlocalnews.tumblr.com/
12711609, Green that was me
Posted by DaHeathenOne76, Wed Jan-28-15 01:50 PM
I'd rather be on the run than to go to jail.

Just call me Stony
*****************************************
huh
12711647, Depending on the size of the reduction, take the plea deal
Posted by PimpTrickGangstaClik, Wed Jan-28-15 02:04 PM
Actually I'd listen to the advice of my (high priced) lawyer.
If he/she says the state has as compelling a case as you presented, I'm taking the deal.

12711656, thug apologists say that innocent ppl plead out in these scenarios
Posted by southphillyman, Wed Jan-28-15 02:11 PM
due to parallel construction and high mandatory minimums.....
but if you're innocent isn't it always worth it to go to trial and worst case get that appeal process started if you catch the L
i guess i need a scenario where someone can prove i did something i didn't do, otherwise i'm fighting 100% of the time
12711682, no.
Posted by SoWhat, Wed Jan-28-15 02:23 PM
>due to parallel construction and high mandatory
>minimums.....
>but if you're innocent isn't it always worth it to go to trial
>and worst case get that appeal process started if you catch
>the L

not necessarily.

if the prosecution won't offer a plea deal at all it's worth it to go to trial.

if the offer doesn't include a reduced charge...

if the offer doesn't include a reduced charge and there is reason to believe i will receive a lighter sentence after a trial loss than the one the prosecution has offered...

if the offered sentence is the same one i can reasonably expect to receive after a trial loss...

https://www.youtube.com/watch?v=Ahplx5mlyRk

>i guess i need a scenario where someone can prove i did
>something i didn't do, otherwise i'm fighting 100% of the
>time

enter a not guilty plea initially and then review the state's evidence w/my lawyer. if after i see the state's evidence and hear my potential defense from my lawyer i'm convinced that i'm going to lose at trial i'm willing to hear what the prosecution is talking about in terms of an offer. if i don't like what i hear then...

https://www.youtube.com/watch?v=Ahplx5mlyRk

12711702, lol. How is that not every trial lawyer's morning alarm?
Posted by PimpTrickGangstaClik, Wed Jan-28-15 02:36 PM
That whisper chant at the very beginning is perfect lol
12711711, it's my intro song during trial.
Posted by SoWhat, Wed Jan-28-15 02:40 PM
i play it to pump myself up. LOL
12711689, It's a risk aversion/probability thing
Posted by PimpTrickGangstaClik, Wed Jan-28-15 02:27 PM
Let's say if I go to trial, there's 85% chance I get 20 years and a 15% chance I go free.
But if they offer me 6 years if I plead out, I'd probably take it.
Because I wouldn't want to gamble on those extra 14 years.
That's a long ass time. I'd rather do my six and try to pick up the pieces when I get out
12711708, and the appeal thing...
Posted by SoWhat, Wed Jan-28-15 02:40 PM
the appeal may result in a new trial but only if there was some error during the initial trial that meant i didn't receive a fair trial. or if there's new exonerating evidence discovered after the trial that wasn't available before or during the trial.

it's not an easy row to hoe.

most appeals fail. if error is found the appellate court usually deems it harmless and refuses to disturb the verdict or sentence. most successful appeals result in an order for a new trial. and at the new trial when the prosecution has a second chance at the case they often win. again. appeals rarely result in a verdict being overturned out-right and the convict being set free.

the cases we see where convicts are set free on appeal are usually about some sort of malfeasance in the police or court process. like the convict confessed to a crime they didn't commit b/c the police beat the confession out of them. or the prosecutor engaged in misconduct during the trial. or DNA evidence proves someone else committed the offense. those are isolated cases.

12711754, say Harold Reynolds rape somebody in Philly
Posted by deejboram, Wed Jan-28-15 03:04 PM
U going down
12711755, Where the option for "Call Sara Koenig?" lol
Posted by CaptNish, Wed Jan-28-15 03:05 PM
I'm takin' that plea.
12711763, Define charged because 2003, 2005-2008, 2011-12 were times where shit got real...
Posted by Kira, Wed Jan-28-15 03:15 PM
For the record, I'm running. I was one negative lawyer conversation away from running in 2005. I was a drug deal gone possibly as a bystander depending upon one's interpretation away from running in 2007. 2008 saw me almost go on the run due to someone attempting to get me hemmed up on perjury charges defending themselves. 2011 and 2012 are years to forget legally.

Had an acquaintance help someone go on the run in 2006. Dude violated his probation from robbery charges he did six years for. Dude left the state and crossed over to another two states and went on the run in Mexico. Of course he came back because the prosecutor was nice and decided not to pursue the probation violation. He came back and I told him to thank his white privilege.

The moral of the story is I'm running. Fuck standing trial.
12711790, this dude i know
Posted by SoWhat, Wed Jan-28-15 03:31 PM
is an undocumented immigrant who faced a rape charge. if convicted he was looking at jail time and certain deportation b/c he'd been previously deported. the case against him was strong. his defense was weak. his lawyer didn't tell him to run but explained that if he went back to Mexico on his own no one was going to come looking for him. he just could never return to the USA. if lost at trial and was jailed he'd have to serve several yrs in the state pen and would then be deported to Mexico. and the deportation would occur w/o a hearing (b/c of the prior deportation). plus it would involve the feds literally dropping him off at the border and him being made to walk across into Mexico. on foot. the guy is from central Mexico. if he'd gone on his own he could've made arrangements to get to his hometown or where ever he wanted. but if deported no arrangements would be made and he wouldn't be allowed to make any. well, he could use a pay phone on the other side of the border if he wished. after he'd served several yrs in the pen.

that fool showed up for his rape trial. and he lost. and now he's in the state pen.

i heard that story and just laughed and SMH.
12711787, im going back to India. TRY & find me Uncle Sam. *Marshawn Lynch gesture*
Posted by guru0509, Wed Jan-28-15 03:29 PM
12712060, I meant to vote GREEN, accidentally hit yellow (tho I'd pray too)
Posted by Jon, Wed Jan-28-15 06:16 PM