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UT: How plea deals are uniquely negotiated for sex offenders

Dressed in an ill-fitting jumpsuit and with hands in chains, ____ ____ stood on July 7 before Judge Darold McDade to be sentenced for his crimes.

In late May, ____, 25, pleaded guilty to multiple felony charges: two first-degree felonies of attempted aggravated sexual abuse of a child, one second-degree felony of enticing a minor by the internet, and one third-degree felony of dealing in materials harmful to a minor. Needless to say, prison was expected. Full Article

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Notice the contradiction? The prosecutor does not charge anything he doesn’t think he can prove… until plea barging, then he says, “Wait, maybe I can’t prove that after all. Let’s make a deal so I can get a conviction.” Quotes: The assumption is that prosecutors intentionally charge defendants with more severe crimes in hopes of cases pleading out, saving taxpayer money at trial. Buhman fiercely rejected the notion, saying that practice is a violation of prosecutorial ethics. “We don’t charge with the idea of plea bargaining to a low level. We charge what we think we can prove at trial,”… Read more »

The only reason i have 2 “counts” instead of 1 on my plea deal back in 2000 is because, if you can believe this, having 1 count means mandatory prison but 2 counts allowed for probation and a treatment program option. I only took the plea deal on the advice of my then public defender because according to him i’d never see prison if I took the deal. Well, I eventually went to prison anyway due to the craziness of how probation works and being at the mercy of a feminist treatment program owner who loved throwing people in prison… Read more »

I’m of the school of thought that plea “deals” serve a few purposes for prosecutors and the courts. The first is to get you to wave your right to a trial by a jury of your peers where you will be able to present evidence in your defense. The second reason is that a trial costs time and money; they don’t like it when things cost time and money. And third; The system in the USA, with the distinction of jailing more of it’s citizens than any other country in the world has obviously turned into a production by way… Read more »

Of course, prosecutors are only about convictions only and nothing else, not even the truth. Convictions give you stats, stats give you rates, rates give you electability and electability gives you job security and steps to bigger and better jobs. Hate to have to earn that now wouldn’t you when it could be given?

It is common knowledge that prosecutors stack the charges in order to put pressure on defendants to accept plea deals. They add on as many accessory charges as they possibly can. We all know this, so if they say it isn’t the case, they are simply lying. Period!!

In MN, they have a legal term for it from case law: Hernandizing. The State even offers a Tip Sheet about it! (http://mn.gov/msgc-stat/documents/Training%20Materials/Tipsheet/2016%20Hernandizing.pdf)

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