Tag Archive: guilty plea

Why Innocent People Take Plea Bargains


From ANTIMEDIA /By P.M. Beers

A plea bargain (also plea agreement, plea deal or copping a plea) is any agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor.

Most criminal cases never end in a trial because a great majority of people accused of crimes take plea deals. This makes sense when someone is sure they have broken the law and there is abundant evidence to prove that fact. What about people who know they are innocent? Between two and eight percent of convicted felons are innocent people who took plea deals and “ninety-seven percent of federal convictions and ninety-four percent of state convictions are the results of guilty pleas,according to Judge John L. Kane.  Taking a criminal case to trial is the exception and not the rule.

You may be aware that I was recently on trial for failure to disperse [409 PC] from the Kelly Thomas murder verdict protest. I wasn’t sure if I had broken the law or not, but I was certain that I had done nothing unethical. The first plea deal we were offered was three years unsupervised probation, a fine, and community service. That was a ridiculous offer as I personally know people convicted of the same crime in Los Angeles who were found guilty in a court of law by a jury of 12 people and given a 50 dollar fine. I know of other people who were given the option of taking a class on the first amendment in exchange for the DA not filing charges.


Me livestreaming in Fullerton, CA prior to my arrest.

According to researchers at the University of Michigan’s Law School,  many innocent people take plea bargains. Sometimes people take plea deals out of fear of the worst possible outcome. Given the reality of the current injustice system, it’s not hard to believe that innocent people can get found guilty in a court of law. We’ve seen death row inmates exonerated by DNA evidence many years after their convictions.

Many criminal cases take over a year to resolve involving many days in court, delays and postponements. If a person has a job or is a student, this could lead to the loss of their job or failing of their classes. If I had a job where I had to be present to clock-in, I certainly wouldn’t be free to take so many days off whenever I was required to appear in court, let alone more than a week off for my trail by iteself. My co-defendant, AJ, was lucky to have such an awesome employment situation which let him have the days off he needed. If given a choice between loosing one’s job and taking a plea deal, most of us would not be privileged enough to face a jury trial due the state of our economy. (more…)

2 Former Mississippi Officials Plead Guilty in a Graft Case Involving Private Prisons

Christopher B. Epps, the former head of Mississippi’s prison system, in Jackson on Wednesday.

Christopher B. Epps, the former head of Mississippi’s prison system, in Jackson on Wednesday.

From New York Times

Two former Mississippi officials, including the head of the prison system, pleaded guilty to corruption charges on Wednesday amid a federal inquiry that rattled the state’s government and raised new questions about its use of private prisons.

The guilty pleas, entered in Federal District Court in Jackson, came nearly four months after the authorities announced a 49-count indictment that named Christopher B. Epps, the former commissioner of the Department of Corrections, and Cecil McCrory, a onetime state lawmaker who had become involved with the private prisons industry.

In the indictment, which formed the basis of Wednesday’s pleas, federal prosecutors accused the men of a scheme in which Mr. McCrory directed more than $1 million to Mr. Epps, including cash and mortgage payments, in exchange for lucrative state contracts.

Mr. Epps pleaded guilty on Wednesday to money laundering conspiracy and filing a false tax return. Mr. McCrory pleaded guilty to money laundering conspiracy. (more…)

Marissa Alexander agrees to plea deal

alexanderFrom Corporate Media

JACKSONVILLE, Fla. — Facing a possible 60 years in prison for firing a gun at her estranged husband and his two sons, Marissa Alexander agreed Monday to a plea deal that effectively ends the four-year old criminal case against her.

According to the terms of the plea, Alexander was ordered to serve three years in prison after pleading guilty to all three counts against her. The Florida Times-Union reports the Alexander will get credit for the 1,030 days she’s already spent in jail.

That means she’ll have to spend 65 days in jail. Alexander will return to Duval County Jail following Monday’s hearing. She’ll be released on Jan. 27.

Because the second count against Alexander is considered an ‘open plea,’ she could still be sentenced to five years in prison at the hearing on Jan. 27. (more…)

Report: Nearly all drug defendants “forced” to plead guilty

Attorney General Eric Holder pauses as he testifies on Capitol Hill

Attorney General Eric Holder pauses as he testifies on Capitol Hill

97 percent of drug defendants forgo their right to trial and plead out. HRW highlights undue prosecutorial power

from Salon

“It is very clear that prosecutors control the criminal justice system through their charging and plea bargaining powers,” wrote Angela Davis last year, commenting on the fact that 95 percent of defendants in criminal case forego their day in court and opt instead to plead guilty. Buoyed by mandatory minimum sentence laws, prosecutors hold undue power and leverage in the U.S. judicial system.

A new report from Human Rights Watch released Thursday bears out Davis’ point precisley. “Federal prosecutors routinely threaten extraordinarily severe prison sentences to coerce drug defendants into waiving their right to trial and pleading guilty,” the human rights group found. Looking specifically at drug cases (the primary filler of brimming U.S. prisons), the HRW report found that “only 3 percent of U.S. drug defendants in federal cases chose to go to trial.”

The right to trial, in the face of prosecutorial bargaining power, is de facto obliterated. What, after all, is a right if recourse to it appears as no option at all? HRW goes as far as to say that drug defendants — often caught for minor offenses — are “forced” to plead guilty when prosecutors present the risk of years in prison as the alternative. (more…)