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Message
Offering to pay a higher fine in exchange for a lesser jail sentence
Posted on 7/26/17 at 9:06 am
Posted on 7/26/17 at 9:06 am
Two defendants arrested for possession of cocaine with intent to distribute. Defendant 1 hires a high dollar Shreveport attorney. Case set for jury trial for 7/25 with a 7/17 pre-trial. Defendant 1 had accepted a plea with a five year sentence (he had an extensive criminal record). On the day of pre-trial, he hires a second high dollar Shreveport attorney and declines the plea. His lawyer asks for a continuance, which is denied.
On 7/24 a second short status hearing occurs to see if the case is ready. Lawyer tried to again get a continuance, it is denied. The lawyer then tells the judge "my client put $10,000 in my trust account and if he pays that as a fine, would the Court consider a two year sentence?"
Judge is clearly offended. "Our Parish doesn't need the money." "I'm offended that you would offer money in exchange for a lesser sentence." The request is denied, the guys pleas guilty with no set sentence, and he was immediately remanded to custody (which doesn't happen here for non-violent as a usual rule).
For the lawyers, is this a common practice? To me, it demeans the criminal justice system because it would show that money can keep you out of jail.
The Judge also picked up on this guy having no job but being able to sling a lot of money around. I don't think he'll do well at sentencing.
I'm just a country lawyer, but my guy's case was dismissed.
On 7/24 a second short status hearing occurs to see if the case is ready. Lawyer tried to again get a continuance, it is denied. The lawyer then tells the judge "my client put $10,000 in my trust account and if he pays that as a fine, would the Court consider a two year sentence?"
Judge is clearly offended. "Our Parish doesn't need the money." "I'm offended that you would offer money in exchange for a lesser sentence." The request is denied, the guys pleas guilty with no set sentence, and he was immediately remanded to custody (which doesn't happen here for non-violent as a usual rule).
For the lawyers, is this a common practice? To me, it demeans the criminal justice system because it would show that money can keep you out of jail.
The Judge also picked up on this guy having no job but being able to sling a lot of money around. I don't think he'll do well at sentencing.
I'm just a country lawyer, but my guy's case was dismissed.
13
Posted on 7/26/17 at 9:08 am to chinhoyang
Who would get the money?
Well yeah, he's on trial for distributing cocaine. Judge sounds super observant to pick up on that
quote:
The Judge also picked up on this guy having no job but being able to sling a lot of money around. I don't think he'll do well at sentencing.
Well yeah, he's on trial for distributing cocaine. Judge sounds super observant to pick up on that
This post was edited on 7/26/17 at 9:12 am
Posted on 7/26/17 at 9:11 am to chinhoyang
quote:
my guy's case was dismissed.
The second coke dealer?
Posted on 7/26/17 at 9:12 am to chinhoyang
quote:
To me, it demeans the criminal justice system because it would show that money can keep you out of jail.
Agreed, you shouldn't be able to buy your way out of a crime. At least not directly... we all know wealthy people already do it, but not so brazenly.
Posted on 7/26/17 at 9:13 am to chinhoyang
Sounds like you slicked it. What's the problem?
Posted on 7/26/17 at 9:15 am to chinhoyang
quote:
because it would show that money can keep you out of jail.
Happens all the time in DUI cases. Hire an attorney just to not spend 72 hours in jail is a waste IMHO. The guy who didn't have an attorney and the guy who had an attorney wind up out of pocket and time about the same aside from the 3 days in parish.
Posted on 7/26/17 at 9:16 am to SamuelClemens
In Oxford, there was a lawyer known as the "DUI Lawyer" in town. You pretty much pay him x amount and the dui gets expunged or reduced. Just a part of the good ole boy network
Posted on 7/26/17 at 9:17 am to chinhoyang
Well, how is that any different than the traffic camera racket?
Pay the fine without contesting the charge and it's recorded as a "civil" violation. Exercise your right to a trial and to confront you accuser and it suddenly becomes a criminal violation. In essence, the state is forcing you to bribe them to avoid a criminal citation.
Tangentially, if you do contest the charge and it becomes a criminal citation and not a civil one, does the private company that runs the camera still get half the fine?
Pay the fine without contesting the charge and it's recorded as a "civil" violation. Exercise your right to a trial and to confront you accuser and it suddenly becomes a criminal violation. In essence, the state is forcing you to bribe them to avoid a criminal citation.
Tangentially, if you do contest the charge and it becomes a criminal citation and not a civil one, does the private company that runs the camera still get half the fine?
Posted on 7/26/17 at 9:18 am to chinhoyang
quote:
I'm just a country lawyer, but my guy's case was dismissed
Posted on 7/26/17 at 9:20 am to chinhoyang
quote:
Our Parish doesn't need the money."
Posted on 7/26/17 at 9:24 am to Polar Pop
My Parish doesn't need the money. Our Sheriff has $50m or so in reserve.
Posted on 7/26/17 at 9:25 am to chinhoyang
quote:
To me, it demeans the criminal justice system because it would show that money can keep you out of jail
Don't be naive, money has a significant effect on whether or not you go to jail.
This post was edited on 7/26/17 at 9:27 am
Posted on 7/26/17 at 9:29 am to slackster
quote:
Don't be naive, money has a significant effect on whether or not you go to jail.
I'm not the least bit naive about our criminal justice system.
Posted on 7/26/17 at 9:30 am to HarryBalzack
quote:
ay the fine without contesting the charge and it's recorded as a "civil" violation. Exercise your right to a trial and to confront you accuser and it suddenly becomes a criminal violation. In essence, the state is forcing you to bribe them to avoid a criminal citation.
Traffic cameras should be outlawed, just like private prisons.
Posted on 7/26/17 at 9:35 am to chinhoyang
quote:
I'm not the least bit naive about our criminal justice system
Then you know full well the impact money has on the justice system.
Posted on 7/26/17 at 9:36 am to chinhoyang
I saw where he was pulling his cops off of 49 because the DA was scraping all of the money off of their little agreement.
Posted on 7/26/17 at 9:37 am to chinhoyang
Sounds like some shite GaryMyMan would pull. But not sure if he is a "High Dollar" attorney
Posted on 7/26/17 at 9:39 am to chinhoyang
quote:
For the lawyers, is this a common practice? To me, it demeans the criminal justice system because it would show that money can keep you out of jail.
No comment.
Posted on 7/26/17 at 9:42 am to chinhoyang
So were you defending the second coke dealer, or just trying to make it sound like that as you watched this go down before you got your 3rd unrelated to the story guy out of a seat belt ticket?
Posted on 7/26/17 at 10:06 am to chinhoyang
quote:
I'm just a country lawyer, but my guy's case was dismissed.
I'm a simple caveman lawyer. Your laws frighten and confuse me. I may not know much but I'm certain of one thing - my client is entitled to the full $1 million in compensatory damages, and an additional $2 in punitive damages.
Is that how it went down?
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