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OfflineAlan RockefellerM
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Re: Ask an attorney [Re: Anonymous #146]
    #26854991 - 07/31/20 09:38 AM (13 days, 15 hours ago)

Quote:

Anonymous #146 said:
They could see I was growing them. Could I still get probation or the pre trial diversion?





That depends on what charges the DA presses.


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InvisibleEnlilM
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Re: Ask an attorney [Re: Anonymous #146]
    #26855009 - 07/31/20 09:58 AM (13 days, 15 hours ago)

Quote:

Anonymous #146 said:
They could see I was growing them. Could I still get probation or the pre trial diversion?



That depends on a lot of things.  For a first offense, a deal could likely be cut for probation with a suspended term.  There are a lot of ways it can go, but I would suggest getting a good lawyer.  That'll make the difference in the deal you get.


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Censoring opposing views since 2014.

Ask an Attorney

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Anonymous #138

Re: Ask an attorney [Re: Enlil]
    #26855994 - 07/31/20 08:28 PM (13 days, 4 hours ago)

Enlil, how do lawyers get good deals? 

For example, my GF was speeding in a school zone and got a ticket. She got a lawyer, they dropped the whole case. I was in some trouble before, clearly I broke the law, but got a lawyer and they dropped the whole case.

Is it the courts know the lawyer will put up a fight and that will cost the court more money then its worth? Or do the lawyers really find evidence that the supposed crime did not occur and show that the charges cannot be proved?

This might be a stupid question, but I really do wonder...


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Anonymous #141

Re: Ask an attorney [Re: Anonymous #138]
    #26856787 - 08/01/20 09:44 AM (12 days, 15 hours ago)

That's part of it. A prosecutor would rather not go up against a good lawyer. But IMO a judge treats you differently if you can afford a lawyer.


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InvisibleEnlilM
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Re: Ask an attorney [Re: Anonymous #141] * 3
    #26856891 - 08/01/20 11:09 AM (12 days, 14 hours ago)

The criminal justice system needs plea bargains.  If 25% of cases went to trial, the system would collapse.  Everyone knows it.  The judges, the prosecutors, and the defense attorneys.  Public defenders are in limited supply, and they have less resources than DAs.  Everyone in that system attemps to triage cases to get through them and get the best outcomes they can overall.

Bring in a private attorney to that system.  Bring in someone paid by a family and accountable to that family.  He/she isn't thinking about the system.  He's singlemindedly trying to get the best outcome for his particular client.  He couldn't care less if the DA has 100 more serious cases.  He wants to discuss this case.  He wants extra discovery.  He appears to want to go to trial.  The DA is now going to spend 10 times the amount of time in pretrial with this one small case when he/she could process 9 other cases in the same time. 

A DA in that position is going to be more generous than a DA that knows his/her opposing counsel is just as overwhelmed as he/she is.

As a private attorney, and indeed even as a law student, I have had District Attorneys dismiss criminal cases on the day of trial, hoping we'd take the deal at the last minute.  They don't want to go up against a zealot.  They have 100 active cases, and they know you have been working on this case for a month preparing for trial.  They haven't.  They probably sent out subpoenas a week ago and read the file last night.  They just don't want to waste their time.

The same happens in civil, to an extent.  Most lawyers do not prepare a case for trial.  They prepare it for settlement.  This is true because most cases settle.  Trial is brutal hours, and every lawyer knows it.  I've settled more cases the night before, or the day of jury selection than I've tried cases.

Of course, lawyers have other tricks, too.  Keeping in mind that the DA is dealing with 100 cases, a private attorney will often meet with the DA with both a carrot and a stick.  The threat of trial is the stick, but a lawyer will often come in with information about the client's rehabilitation or work in the community.  Perhaps the client has already volunteered to go into a rehab or has worked to improve himself.  Or maybe he's gainfully employed, so why would we want to stop him when he's on the way to rehabilitation? 

There are many ways to play the game, and a private attorney is more likely to use as many as possible.


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Censoring opposing views since 2014.

Ask an Attorney

Fuck the Amish


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InvisibleEnlilM
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Re: Ask an attorney [Re: Anonymous #141] * 1
    #26856896 - 08/01/20 11:11 AM (12 days, 14 hours ago)

Quote:

Anonymous #141 said:
That's part of it. A prosecutor would rather not go up against a good lawyer. But IMO a judge treats you differently if you can afford a lawyer.



If I'm totally honest, this is true.  I wish it weren't.  I don't do a lot of criminal work anymore, but when I walk in a criminal court, the judge treats me like an honored guest.  I get priority.  I get plenty of time to talk.  It wasn't like that when I worked for the PD.


--------------------
Censoring opposing views since 2014.

Ask an Attorney

Fuck the Amish


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Anonymous #154

Re: Ask an attorney [Re: Enlil]
    #26857007 - 08/01/20 12:11 PM (12 days, 13 hours ago)

I feel like this policy is some sort of philibuster policy, where you used to have to go through the act, but now you just have to say the word and the effect of the act takes place, but without the waste of time.


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InvisibleEnlilM
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Re: Ask an attorney [Re: Anonymous #154]
    #26857041 - 08/01/20 12:38 PM (12 days, 12 hours ago)

I have no idea what that even means.


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Ask an Attorney

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