Friday, March 15, 2013
From TalkLeft. In part:
Which is why I'd like to see a independent review ofDOJ's use of the “hammer” nationally. I think people would be shocked at the number of cases in which the prosecutor tells the defense:
- Take the deal now, or the offers will only get worse
- Take the deal now, or we’ll supersede with more charges. (In drug cases, it is often, plead now, or we’ll file an enhancement notice for your prior drug conviction and double the mandatory minimum sentence from 10 years to 20 years.)
- This offer is only open until the motions due date. If you file motions, all offers are withdrawn and there will be no future offers.
- If you don’t plead before the pre-trial motions hearing, you are going to trial.
- No offer unless you cooperate
- Here’s the offer, but you have to waive your right to appeal
- Here’s the offer, but you have to agree to a sentence of X and you can’t request a lesser or non-guideline sentence.
- If you take the offer, we’ll agree not to prosecute your wife (or husband or child or parent). If you don’t, they are fair game and we aren’t threatening them, but we think we have a good case against them.