The case would be thrown out if it made it to a judge with that evidence. But the stings were often a pretense to initiate a stop-and-frisk where additional charges are going to get trumped up. Then they’ll lock you in a room where they just need to convince you that any one of those charges might stick, you’ll have a criminal record, and your life is over. Now you’re plea-bargaining down to a misdemeanor because the cops lied and intimidated you into avoiding a trial where your evidence would be presented.
The obvious answer is “lawyer up immediately,” but many people can’t afford lawyers. So now you’re getting an overworked, underpaid public defender who wants to spend as little time on your case as possible. You know what they’ll tell you? “Take the deal.”
The system as it is right now is designed to favor the state. Judges and prosecutors have been trying to reduce the number of jury trials for decades, often arguing that they’re cumbersome and time consuming. Fewer and fewer people get their day in court. Around 95% of US criminal convictions these days come from plea deals where no one had to present evidence. Instead of proving guilt beyond a reasonable doubt to a jury, the police and the DA just need to convince the accused that the state is too tough to fight.
The case would be thrown out if it made it to a judge with that evidence. But the stings were often a pretense to initiate a stop-and-frisk where additional charges are going to get trumped up. Then they’ll lock you in a room where they just need to convince you that any one of those charges might stick, you’ll have a criminal record, and your life is over. Now you’re plea-bargaining down to a misdemeanor because the cops lied and intimidated you into avoiding a trial where your evidence would be presented.
The obvious answer is “lawyer up immediately,” but many people can’t afford lawyers. So now you’re getting an overworked, underpaid public defender who wants to spend as little time on your case as possible. You know what they’ll tell you? “Take the deal.”
The system as it is right now is designed to favor the state. Judges and prosecutors have been trying to reduce the number of jury trials for decades, often arguing that they’re cumbersome and time consuming. Fewer and fewer people get their day in court. Around 95% of US criminal convictions these days come from plea deals where no one had to present evidence. Instead of proving guilt beyond a reasonable doubt to a jury, the police and the DA just need to convince the accused that the state is too tough to fight.