Legal Questions? / Legal Answers!
A Little About The Police, D.A. & Judge
"Back in my early days as a Loss Prevention
Manager I once caught a Store Manager stealing
from the cash office of a major department
store. When the Police arrived and arrested him, I heard the Store Manager
ask them "What am I going to get for
this? " The Officer quickly replied.
"Depends on what side of the bed the
Judge gets out of."
To me, that comment made sense. I already
knew the Police have no idea what will happen
next.
Even now, if an Officer arrests you for a
crime and you ask him what your looking at
for a fine or jail time,10 out of 10 cannot
tell you.
The Police - So why can't the Police tell you what
sentence, fine or jail time you'll receive
for the charges? I believe and have always
insisted to others that. "The Police ENFORCE the Law, they do
not KNOW the Law."
So what does that really mean? Well, they don't know
what the District Attorney will offer you
in a plea deal. They don't know if the Judge
will accept the plea deal. They don't know
what the fine or sentence may be for your
offense if you plead guilty. They don't know
any of that! So when a Police Officer says
to you " You better help yourself here.Your
looking at ( # ) years for just this."
Keep in mind, they don't really know what
your "looking at or even what the fine
or time will be.
So what can they offer you if you do cooperate?
They can write in their reports how helpful
you may have been. Remember, giving them
information about you helps them in their
case against..... you.
Something to think about in regards to that
Right To Remain Silent suggestion.
The District Attorney - Besides dealing with your case, what else
does the District Attorney have to do? The
D.A.'s Office conducts Grand Jury Investigations,
decides whether to prosecute those arrested,
investigates evidence submitted, offers plea
bargains, conducts trials, and litigate appeals.
They will look at your case using Police
statements and witness reports. They will
then tell the Judge what the State is looking
for in regards to a sentence or fine. When
you go in to plea, most people do not have
an Attorney yet. Most District Attorney's
know this and try to scare you by telling
the Judge they are looking for the harshest
sentence or fine allowed on your case. If
you plead not guilty and are getting an Attorney,
even court appointed, don't worry too much
about what they say they are looking for.
Nothing has been discussed between them and
the Attorney that hasn't been appointed to
you yet. Even if you have looked at the evidence
they have during discovery, you may not understand
how it may be questioned. On the other hand,
if your looking to plead out your case, they
usually are more than willing to do so. They
do not want to prosecute anymore cases than
they have to. You'll have your chance to
show them what witness statements ( See:
Witness, Yours, Mine, Ours.) you have and that might help persuade them
to lower your charge or fine they want imposed.
.
Judge - Make no mistake about it.The Judge is
in charge of the courtroom. They can refuse
recommendations submitted by the District
Attorney or accept them. They can hold anyone
in contempt for refusing to be respectful
or refusing to follow their instructions.
That alone will get you taken out immediately,
and taken to jail. However I would remind
you, the Judge is also human. Meaning, they
are usually approachable when it comes down
to questions. They will NOT help you with
your case (and are fast to remind you of
that) but they do help with court questions,
questions about the opposing Attorney and
questions on any agreed plea bargains that
are offered.
My Final Thought...
"When I was 23 I was charged with Criminal
Restraint for taking my son out of State.They brought the charges against me and
had no witnesses. ( If I knew then what I
know now) Having never been in trouble before,
the District Attorney agreed to "file"
my charge. What did that mean? I was told
if I stayed out of trouble for a year, the
charge would disappear. That statement is Not true! If you take
that deal make sure you get it in writing
and make sure it is followed through in a
years time. They are not going to do it for you. If you don't follow through and ensure the
charge is filed, you could see it appear
on your criminal record. Mine did. I applied
to the Sanford Police Department when I was
26. Imagine my surprise when I was told I
had a criminal record because that "file"agreement
was never done. That one unknown fact that
my Court Appointed Attorney never mentioned to me, turned my life in
a different direction.