Monday, August 26, 2013

Poor Plea Negotations

The defendant pleaded guilty to a burglary (breaking into someone's home), was promised a sentence of probation, and then a week later broke into someone else's home.

From the defense attorney's viewpoint, that is not exactly a strong bargaining position. That did not stop this attorney from battling for his client.

Defense attorney: No one was home when he broke in.
Me: That makes it better?

Attorney: What were they doing leaving their door unlocked, anyway?
Me: Are you really blaming the victims because criminals have made it so we have to lock our doors at night?

Attorney: Why are they asking so much in restitution?
Me: Because that's what your client stole from them.

Attorney: I think they're inflating the numbers.
Me: They have all the receipts.

Attorney: He's got ADHD.
Me: Looks to me like he actually has great focus on burglaries.

Attorney: It's all the meds he's one.
Me: Prescription ones?

Attorney: He's a good kid, enrolled in school.
Me: Both of these burglaries happened during the day when he was supposed to be in school.

Attorney: But he's a young kid. He didn't know what he was doing.
Me: The judge said he would give him probation and seal the case, as long as he didn't get in any more trouble. He didn't even wait a week.

Attorney: You know how kids are today.
Me: Exactly my point.


  1. This reminds me of when I am conducting an interview with a victim Some victims will try so hard to explain, rationalize, or feel guilty about a defendant's behavior - even a stranger- for example, assaulting them. "I think he's learned his lesson," " I don't want him to get in trouble," "He seemed homeless and I feel bad for him."

    When I tell them the defendant clearly hasn't learned any such lesson since they've assaulted multiple people in the past, and also made statements which in substance state something like "that bitch had it coming" or "I didn't do shit," the lightbulb finally turns on.