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Forum nameGeneral Discussion
Topic subjectLOL. i do this all day.
Topic URLhttp://board.okayplayer.com/okp.php?az=show_topic&forum=4&topic_id=12711376&mesg_id=12711525
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.