Courtroom plea bargains.

[CanuckInUSA 0]

I had a day in court today for a traffic offense last month where a cop pulled me over for not stopping at a stop sign (I rolled through the intersection at about 3-5 mph on a deserted country road), and since I had no insurance for my motorcycle I got nailed, guilty as charged. So today with my new insurance papers in hand, I showed up for my day in court.

Now it's common practice for the District Attorney to offer people like myself plea bargains but I just couldn't notice how random and arbitrary these plea bargains can be. I got my traffic offense reduced from the 4 pointer that it was to a 1 point head light infraction, but they would not budge one bit on my lack of insurance charge ($500 fine and 4 points against my driving record). But there was this latino dude who could not speak English who in my humble opinion got off much easier than myself. You see he ran some red light, got into an accident, left the scene of the accident and was picked up later by the cops for all of this as well as not having insurance and driving under a suspended license for a DUI dating back a few years. Sounds pretty harsh huh? I thought it would be until the DA offered him the following ...

The DA kept the traffic ticket charge but dropped the leaving the scene of the accident. The DA also dropped the charges for not having a valid drivers license but did keep the charges for the lack of insurance. WTF!!! I say. Yes I was guilty of not having insurance. But I didn't cause an accident nor did I run away from the scene of an accident with no valid drivers license. This guy got basically the same punishment that I got yet he did something which caused an accident, ran away from that accident and had no insurance and no drivers license. Thank you Mr DA for installing great confidence in your legal system.

Oh and while I know this comment will provoke some people to flame me, I couldn't help but take note at the majority of the people who were in court today who couldn't speak a word of English. It's nice to know that the INS is so concerned about people like myself (making me leave the US next week) while illegal Mexicans are just ignored and may I say this ... accommodated to make their stays more enjoyable.

Flame away ... as it's back to your regular scheduled programming. I'm fucking pissed off right now.

Try not to worry about the things you have no control over

[kallend 1,675]

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I had a day in court today for a traffic offense last month where a cop pulled me over for not stopping at a stop sign (I rolled through the intersection at about 3-5 mph on a deserted country road), and since I had no insurance for my motorcycle I got nailed, guilty as charged. So today with my new insurance papers in hand, I showed up for my day in court.

Now it's common practice for the District Attorney to offer people like myself plea bargains but I just couldn't notice how random and arbitrary these plea bargains can be. I got my traffic offense reduced from the 4 pointer that it was to a 1 point head light infraction, but they would not budge one bit on my lack of insurance charge ($500 fine and 4 points against my driving record). But there was this latino dude who could not speak English who in my humble opinion got off much easier than myself. You see he ran some red light, got into an accident, left the scene of the accident and was picked up later by the cops for all of this as well as not having insurance and driving under a suspended license for a DUI dating back a few years. Sounds pretty harsh huh? I thought it would be until the DA offered him the following ...

The DA kept the traffic ticket charge but dropped the leaving the scene of the accident. The DA also dropped the charges for not having a valid drivers license but did keep the charges for the lack of insurance. WTF!!! I say. Yes I was guilty of not having insurance. But I didn't cause an accident nor did I run away from the scene of an accident with no valid drivers license. This guy got basically the same punishment that I got yet he did something which caused an accident, ran away from that accident and had no insurance and no drivers license. Thank you Mr DA for installing great confidence in your legal system.

Oh and while I know this comment will provoke some people to flame me, I couldn't help but take note at the majority of the people who were in court today who couldn't speak a word of English. It's nice to know that the INS is so concerned about people like myself (making me leave the US next week) while illegal Mexicans are just ignored and may I say this ... accommodated to make they stays more enjoyable.

Flame away ... as it's back to your regular scheduled programming.

Regardless of the justice, bias or otherwise, it seems to me that there is a serious lack of integrity in a system that lies about what offense you committed. I mean, doesn't truth and nothing but the truth enter into it somewhere?

How can a system that holds perjury to be a serious offense deliberately change your offense from failing to stop to a headlight infraction?

...

The only sure way to survive a canopy collision is not to have one.

[CanuckInUSA 0]

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Regardless of the justice, bias or otherwise, it seems to me that there is a serious lack of integrity in a system that lies about what offense you committed. I mean, doesn't truth and nothing but the truth enter into it somewhere?

How can a system that holds perjury to be a serious offense deliberately change your offense from failing to stop to a headlight infraction?

I see your point in this but I guess they offer these plea bargains to avoid additional trials dates and backing up the system worse than what it already is.

Oh and to add insult to injury, on top of the fines I had to pay for the "Head Light Infraction", "No Insurance" and additional court costs, those bastards made me pay an addtional $92 for the "Victims Assistance Fund" an additional $35 for the "Victims Compensation Fund", $1 for something called the "Family Friendly Surcharge" and $2.60 for something called "VAST min for off after 5/1/03" whatever the fuck that is. I just love that those bastards are making me pay an additional $130 for a bunch of people I never victimized.

Flame me all you want people ... I don't give a shit right about now.

Try not to worry about the things you have no control over

[StreetScooby 5]

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doesn't truth and nothing but the truth enter into it somewhere?

Expedited truth... They are there, after all, to make money.

We are all engines of karma

[mr2mk1g 10]

I have a problem with any bargains going on over charging unless there is an evidential difficulty which jeopardizes conviction.

What is the point of giving an offender a deal on a lesser or fewer charges if they are bang to rights on all the higher charges? It makes no sense – you would have secured conviction anyway.

I can not see the point in reducing the number of charges faced by your latino dude if the prosecution felt they were going to convict him on them all. Maybe there were problems with the evidence you didn't know about - maybe not, maybe they're just watching the bottom line.

This is supposed to be about punishing guilt not turning a profit.

I also have a general unease about plea bargains in on principle, however in practice the system is actually much better off with their existing than not were they disallowed.

[kallend 1,675]

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doesn't truth and nothing but the truth enter into it somewhere?

Expedited truth... They are there, after all, to make money.

Around here traffic courts are more like kangaroo courts.

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The only sure way to survive a canopy collision is not to have one.

[Pendejo 0]

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Around here traffic courts are more like kangaroo courts.

Same here in South Carolina. If you just show up to court they will reduce a traffic ticket by 50% on both the $$ and the points.

Pendejo

He who swoops the ditch and does not get out buys the BEER!!

[lawrocket 3]

There are plenty of reasons for plea bargains. The first one is to avoid the hassle and time wasted for all involved in the event of trial. Trial is a pain in the ass, and it really is better to dispose of a case by settlement.

Another thing that they want to do is get their fines without wasting more money on jail time. It's a great money-making racket. That's why they dropped the jail time offenses on the other dude - he could serve jail time but that would be costly. Just fine him the big fines and let him go to work so he can pay them.

So, in a sense, the DA's office, the judge and the public defender's office all try to engage in a "balancing of interests." What good does it do hitting you with a bunch of charges that you may just fight and make them spend a bunch of money? Change that "no insurance" charge to "illegal clamming."

Settlements are useful things, says I. And as far as the INS thing goes, well, that's another topic altogether.

My wife is hotter than your wife.

[flyangel2 2]

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Oh and while I know this comment will provoke some people to flame me, I couldn't help but take note at the majority of the people who were in court today who couldn't speak a word of English. It's nice to know that the INS is so concerned about people like myself (making me leave the US next week) while illegal Mexicans are just ignored and may I say this ... accommodated to make their stays more enjoyable.

I agree on this part. Damn, you have so much to offer and those that don't bother to learn how to speak English suck our system dry

May your trails be crooked, winding, lonesome, dangerous, leading to the most amazing view. May your mountains rise into and above the clouds. - Edward Abbey

[kallend 1,675]

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There are plenty of reasons for plea bargains. The first one is to avoid the hassle and time wasted for all involved in the event of trial. Trial is a pain in the ass, and it really is better to dispose of a case by settlement.

Another thing that they want to do is get their fines without wasting more money on jail time. It's a great money-making racket. That's why they dropped the jail time offenses on the other dude - he could serve jail time but that would be costly. Just fine him the big fines and let him go to work so he can pay them.

So, in a sense, the DA's office, the judge and the public defender's office all try to engage in a "balancing of interests." What good does it do hitting you with a bunch of charges that you may just fight and make them spend a bunch of money? Change that "no insurance" charge to "illegal clamming."

Settlements are useful things, says I. And as far as the INS thing goes, well, that's another topic altogether.

How do you defend the practice of pretending (aka lying) that a different offense altogether was committed to get around sentencing restrictions? Doesn't "truth" enter into the system anywhere?

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The only sure way to survive a canopy collision is not to have one.

[Trent 0]

Was there really a headlight infraction? Or did they just make that up to make the charges more minor? They shouldn't be making shit up, but if there was an infraction, dropping the bigger one and keeping a smaller one is fine with me. I got a ticket where the cop did that on his own... instead of writing a ticket for 76 in a 60, he wrote it for a 74 in a 60 zone just so the fine wasn't nearly as severe.

As far as being kicked out of the US in a week... sorry to hear that. Not that I'd suggest it, but you mighta thought about skipping the court date altogether. Of course, if you want to ever get a residency here... that's not a good idea.

When I went to traffic court, I was shocked to see how easily people who got the traffic lawyers would get off. They'd wander over to the cops and talk for a minute... next thing you know, charges dropped. Crazy what $75 will buy you! Of course, the court lost my paperwork so I just got a receipt saying "we'll call you if we find it"!!

Oh, hello again!

[kallend 1,675]

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Was there really a headlight infraction? Or did they just make that up to make the charges more minor? They shouldn't be making shit up, but if there was an infraction, dropping the bigger one and keeping a smaller one is fine with me. I got a ticket where the cop did that on his own... instead of writing a ticket for 76 in a 60, he wrote it for a 74 in a 60 zone just so the fine wasn't nearly as severe.

As far as being kicked out of the US in a week... sorry to hear that. Not that I'd suggest it, but you mighta thought about skipping the court date altogether. Of course, if you want to ever get a residency here... that's not a good idea.

When I went to traffic court, I was shocked to see how easily people who got the traffic lawyers would get off. They'd wander over to the cops and talk for a minute... next thing you know, charges dropped. Crazy what $75 will buy you! Of course, the court lost my paperwork so I just got a receipt saying "we'll call you if we find it"!!

"Truth, Justice and the American Way"

Nice cover pic of you - congratulations.

...

The only sure way to survive a canopy collision is not to have one.

[JohnRich 4]

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those bastards made me pay an addtional $92 for the "Victims Assistance Fund" an additional $35 for the "Victims Compensation Fund"...

Yep, all those add-ons are things passed by state legislators. Who would oppose a law taking money from people who have broken the law, to benefit victims of crime? No one. And so you get stuck paying them, even though there were no victims for your offense. Those fees often double the amount of money that would otherwise have to be paid. It's all about money, not justice.

[lawrocket 3]

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How do you defend the practice of pretending (aka lying) that a different offense altogether was committed to get around sentencing restrictions? Doesn't "truth" enter into the system anywhere?

Don't look at me to defend this. It's a problem, though, isn't it? It comes down to finding a lie that both sides can agree on.

My wife is hotter than your wife.

[dorbie 0]

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What good does it do hitting you with a bunch of charges that you may just fight and make them spend a bunch of money?

Enforcing the law might help the next poor sod the uninsured illegal pulls a hit & run on. There's a reason for these laws beyond revenue raising.

Accidents happen, but a hit & run by an uninsured broke asshole can be financially devastating for the victim(s).

Wouldn't surprise me if the hit & run guy drove home from the courthouse.

Best to keep the cell vacant incase they need to throw a jump pilot who had an accident in it.