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Federal General Prison Talk, Introductions & Chit Chat Topics & Discussions relating to the Federal Prison & the Criminal Justice System that do not fit into any other Federal sub-forum category. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind that may not have anything to do with prison.

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Old 05-14-2007, 03:35 PM
masterbains7 masterbains7 is offline
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Default Pleading to the information versus a plea bardin

I guess I still do not know which is better and what all is involved in pleading to the information the goverment has. My brother was told to plead to the information the governement had him on for possession of CP or face a 5 yr mandatory, however alot of the information they collected on him was incorrect.

My question. When you plead to the information, you are saying that everything the governement has on you both in evidence and relative conduct as being correct. In sentencing, then everything comes into play. What happens if some of the information is down right false?

Example. Joe Defendant pleads guilty to the information of possession of drugs to avoid a mandatory sentence, however in the information it shows that the government to beleive he was a drug dealer and sold drugs around playgrounds with kids. He was not charged for dealing nor has he ever sold drugs to kids on playgrounds, however the PSI report can contain all of it because he plead guilty, I am sure the lawyer can dispute the incorrect information in open court, however because it is in the report the damage will have already been done.

So is there anything that can be done prior to this stuff coming onto the PSI report? If the governement collects data on a defendant (Call it Part A B C D) and the defendant is guilty of part A making him have to plead guilty but has nothing to do with part B C D in relative conduct, where is his protection that part BCD doesn't get used.


I AM SO SORRY IF THIS IS CONFUSING!!!!!
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Old 05-21-2007, 07:50 AM
masterbains7 masterbains7 is offline
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anyone?
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Old 05-21-2007, 12:30 PM
SCMom SCMom is offline
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His lawyer would be the one to discuss this with and he should also accompany him to the PSI interview is done. After it is completed and mailed to his lawyer, then they can dispute any part of it. I think the judge sees this dispute too, but not sure. I know the AUSA does and may want to meet with him again.
Good luck!!!!
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Old 05-21-2007, 09:42 PM
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sandra8376 sandra8376 is offline
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I'm not sure if this is what you're looking for, but maybe it will help:

My husband was originally charged with conspiracy to manufacture & distribute. Once he went to court, the judge agreed to drop the distributing part since it became obvious that the manufacturing was not for the purpose of distribution - it was to feed his own (and his co-defendant's) drug habit. The judge stated this in open court...when we viewed the PSI, it only discussed the conspiracy to manufacture & there was no mention of distribution.

When he plead guilty in court, he was pleading only to the conspiracy portion, not the distribution...

It is my understanding that when you plead in court, you are basically saying that you don't contest what the prosecution says...not that you don't agree with it, but that you're not willing to fight it out in court. If the evidence in your brother's case is false, is he willing to go to court & argue those facts? I think this is the bottom line...how much does he want to invest in getting the truth out there & will it make a difference in the end? Even if his attorney urges him to plead, it's still up to him to do so...the attorney will have to go to court with him (even if he believes he's wrong for going to trial) if he chooses not to plead it out.
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Old 05-22-2007, 01:17 PM
masterbains7 masterbains7 is offline
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It isn't that he disputes the evidence that he would have to plead to (possession of CP) He knows that even though he had deleted such material in his quest for adult porn, in order to delete it, you would have to possess it to do so, so based on the law, possession of CP he would be guilty and that is what he his pleading to,,,,his contention however is that the other information collected about him within the information that is not the crime (but goes as conduct) is false. The investigators in their report are trying to say that had signed up to bbs boards that contained CP along with other things and have said he had what looked like a response to someones email saying that he was "not into adult porn" He has never signed up for nor participated in any boards and would never send emails to people saying he was not into adult porn when in fact that was his major problem. So then by pleading guilty to the possession, he will have all this information come in that a judge will look at to determine conduct for a sentence, even though his lawyer can contest it in open court, the false information is there and the damage has been done. so How can that information be contested so a judge does not get a painted picture of what is not true. (a person that sees something and deletes it will look different to a judge then someone who does the same thing but is portrayed as someone who participates in boards and says does not do adult porn (( meaning he does only Child Porn))
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