Guilty Plea

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Plea or Go to Trial?

I see a disturb­ing number of cases where defendants plead guilty to a crime they didn't commit or at least be­lieved they didn't commit. Too many defendants chose that route because they fear a long prison sen­tence if they go to trial and lose.

The criminal-justice system in recent decades has put many defendants under all but impossible pressure to plead guilty, even if they're not.

One reason for false pleas is that potential prison sentences particularly on the federal level, are very lengthy for many crimes. This puts more power into the hands of prosecutors, who decide what charge to file against a defendant.

The more charges, or counts, the more prison time.

If a defendant exercises his right to a trial, he faces all charges. By "copping" a plea that same defendant can significantly reduce the number of counts—and prison time.

The Inno­cence Project at the Benjamin N, Cardozo School of Law has represented 17 defen­dants who pleaded guilty even though DNA evidence later proved their innocence. Some cli­ents plead guilty, because if they go to trial and lose they could get a death sentence. They plead guilty to save their lives sometimes.

The majority of those who plea guilty are in fact guilty, of course, and plea bargains are an essen­tial part of our system.

But the gov­ernment doesn't have the means to bring every defendant to trial, and sadly, too often it is defense lawyers, rather than prosecutors, who exert pressure to sign guilty pleas. Going to trial is hard work.

Lesson learned here? Find a lawyer who will not duck the issues and who will thoroughly and responsibly represent you!

If you have been charged with a crime in the San Francisco Bay Area, and considering pleading guilt, please contact me first. You may speak to me free since I do not charge for initial consultations.