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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?

To: Lane3 who wrote (129843)	8/4/2005 8:53:36 PM
From: Ilaine	Respond to of 793897

FWIW, even when you know you broke the law, pleading "not guilty" is your constitutional right, and is frequently a wise thing to do. Depends entirely on the circumstances. The individual judge may be more lenient than a prosecutor or a jury. Different judges have different points of view, depending on the crime. "Knowing the judge" really should mean knowing how he or she will treat an individual fact pattern. They try to be consistent. Judge Black might give a week in jail for a DUI while Judge White might give ten days but suspend 9 on good behavior. Also, there's no reason to plead guilty if there's a technical defense to the crime, like a defect in the warrant, or if the cop retires from the police force and moved to Florida, or the technician didn't properly sign a certificate. To me, that's not "gaming the system." It's keeping the system honest by making them do their jobs. Getting your buddy to fix the ticket because your firm gave money to the judge's campaign chest is one example of what I call "gaming the system." Can't do that in most states, or in federal court the judges are not elected, but in Louisiana state court they are elected, same in Florida. If you have a technical defense to the charge and want to plead guilty anyway, at least try to get the best deal you can. Pleading "straight up" to the judge can be hazardous to your health, unless you already know that the judge will be more lenient than the deal the prosecutor will offer you. But what the hey, it's your right. But if he advises you to get a lawyer and come back, listen to him.