Matthew's Foray into Blogging

Wednesday, October 26, 2005

Ultimate High Stakes Gambling

Suppose you had been charged with delivery of cocaine.

Suppose also that, because you had previously served time on a state jail felony and two years in TDC on a felony, your offense was enhanceable to fifteen to ninety-nine years in prison.
You allegedly sold cocaine to a confidential informant who was wearing a listening device. No one witnessed the transaction, except for the informant and other individuals who were present in the residence. The cops were down the street and did not observe anything. The voices on the audio recording are unintelligible. On two occasions, it might be possible to discern mention of your nickname. The only possible witnesses are the CI and an individual who is charged with possession of marijuana who would be willing to testify against you in exchange for dismissal of his charges – not very credible witnesses. Later, you are arrested for the offense.

Because the State’s case against you is weak, they offer you three years in TDC, if you will plead guilty. You maintain your innocence. You can accept the plea bargain and go away for three years, with the possibility of paroling out early. Conversely, you can go to trail. If you prevail at trial, you go free without an additional blemish on your already tarnished record. If you lose at trial, you face fifteen to life in prison.

3 Comments:

  • i can't even imagine what i would do in that situation. the easy answer is "not get into that mess in the first place." as a lawyer, what do you recommend to a person in this situation?

    By Blogger kari, at 4:07 AM, October 27, 2005  

  • not that i'm in this situation...just a girl i know...yeah...

    By Blogger kari, at 4:24 PM, October 27, 2005  

  • The decision of what plea to enter is ultimately up to the client. As an attorney, you inform the client of the punishment ranges, the risks, and, if you are experienced, the likely outcome of a trial - although you cannot promise any result.

    That's what I thought. Just stay out of trouble.

    By Blogger Matthew, at 3:24 AM, October 28, 2005  

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