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Lorr47 -> RE: those silly Italians judges! (11/8/2009 1:31:04 PM)
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quote:
By the way Tazzy when pleading it is par for the course to state that nothing has been promised beforehand....this is almost always bullshit....boilerplate legal necessity.
No one pleads without a deal in place.
A couple of defendants proved the statements placed on record were false and created a problem. Now the judges place the defendant under oath so if the defendant dares to later charge that the dialog between the judge and the defendant was not correct, the defendant can be charged with perjury.
Judge: For the record, I have not promised you anything nor have I been involved in any plea negotiations, correct?
Defendant: (Who just spent the last 25 minutes with the judge being promised what the penalty would be.) Defendant looks at his attorney who is shaking his head "yes" and decides to trust his attorney and then says "Yes, that is correct."
Judge: Have I promised you anything to get you to plead guilty?
Defendant: (Who has been told the guaranteed sentence involved in the plea bargain by the judge during the 25 minutes in the judge's chambers and wants it.) Defendant looks at his attorney who is shaking his head "no" and decides to trust his attorney and then says "No, you have not promised me anything judge."
Judge: Now you have been charged with urinating on the Fifth Third Bank wall in Grand Rapids, Michigan at 11:00 am on January 1, 2009, correct?
Defendant: Yes.
Judge: And where were you at 11:00 am on January 1, 2009?
Defendant: Orlando, Florida
Prosecutor: Your honor, I have confirmed from the weather bureau that at said time and place there was a strong northerly wind.
Judge: Very well I find that there is a factual foundation that the defendant committed the offense and that the plea was freely and voluntarily given.
Judge: I want you to thank your attorney for doing such a spectacular job in reducing the charge so you are only doing 90 days in the county jail.
Defendant to his attorney: Thank you.
Attorney to his client: You still owe me $5,000.
Judge We are in recess.
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