4. "LOL. i do this all day." In response to In response to 0 Wed Jan-28-15 12:53 PM by SoWhat
>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.