 |
|
It is dumb, although in fairness during an allocution...
Posted on: December 18, 2018 at 11:02:24 CT
Gyro MU
Posts:
52294
Member For:
23.05 yrs
Level:
User
M.O.B. Votes:
0
a Defendant can not mention any possible defenses, nor can his counsel.
In other words, you can't say "I'm innocent Your Honor, but I'm taking this deal." Must be a clean factual basis for the plea.
I've had clients try to do that, despite me clearly telling them it's not allowed. Most judges hate when that happens because they assume the Defendant wasn't told to avoid doing it...reality is some Defendants are dumb no matter what you tell them not to do.
I had one judge in New Jersey start laughing and say "Counsel, perhaps you can go discuss defenses and trial strategy with your client in the consult room and come back with some trial dates that you are available." That does the trick.
In other words, you can't say "I'm innocent Your Honor, but I'm taking this deal." Must be a clean factual basis for the plea.
I've had clients try to do that, despite me clearly telling them it's not allowed. Most judges hate when that happens because they assume the Defendant wasn't told to avoid doing it...reality is some Defendants are dumb no matter what you tell them not to do.
I had one judge in New Jersey start laughing and say "Counsel, perhaps you can go discuss defenses and trial strategy with your client in the consult room and come back with some trial dates that you are available." That does the trick.
Please explain why this message is being reported.
MESSAGE THREAD
- 
It is dumb, although in fairness during an allocution... - Gyro MU - 12/18 11:02:24