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  #1  
Old 03-11-2017, 03:16 PM
mssirois2u mssirois2u is offline
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Default Why would someone waive Preliminary Hearing?

CASE COMES ON FOR PRELIMINARY HEARING. THE COURT FINDS THE DEFT WAIVES PRELIMINARY HEARING AND SETS MATTER FOR PLEA

Why would someone waive this and go straight to plea??
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Old 03-11-2017, 03:53 PM
CenTexLyn CenTexLyn is offline
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In some instances, there really are no pretrial suppression issues. The individual was nailed dead-to-rights on site at the time of arrest. As such, they are not taking measures to delay the process and unnecessarily waste the court's time.
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Old 03-12-2017, 08:49 AM
mssirois2u mssirois2u is offline
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OF course this person said he never did it , lol and then I seen that, so again he is lying, to the people who care about him. That's kinda what I thought, but not a atty so had to ask!!! TY!
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Old 03-20-2017, 01:36 PM
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OF course this person said he never did it , lol and then I seen that, so again he is lying, to the people who care about him. That's kinda what I thought, but not a atty so had to ask!!! TY!
Taking a plea doesn't mean that you did it. It could be that there's an offer that results in little/no jail time whereas taking it to trial could result in a lot of jail/prison time, for example. And perhaps they're not convinced that they can beat the case. Eliminating reasonable doubt and getting a guilty verdict does not always mean the person is actually guilty, but if the case is good enough to make them look guilty....well, there's the plea bargain.

Plus it can take so long to get to trial that some people take the plea because it will have them out of jail long before a trial would have been had anyway.

I don't know the circumstances, but just something to consider if you're still trying to figure this out (I recognize its been 8 days since your last post.)
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Old 03-20-2017, 04:32 PM
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Actually, except for an Alford Plea, taking a plea means changing your plea from not guilty to guilty. You will also be asked to allocate under oath, admitting the misconduct. Technically, taking a plea means you are guilty of that crime. In short, admitting under oath that you did it.
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Old 03-21-2017, 12:11 AM
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Actually, except for an Alford Plea, taking a plea means changing your plea from not guilty to guilty. You will also be asked to allocate under oath, admitting the misconduct. Technically, taking a plea means you are guilty of that crime. In short, admitting under oath that you did it.
Don't get me wrong, I get the technicality part, but I know a few people who have accepted a plea bargain that wans't an Alford that didn't do it but didn't trust a jury to go their way. One friend in particular took 12 years because the circumstances didn't look good and her other option was going to trial and facing a max exposure of 42-to-life.

But I get what you're saying as far as the actual technicalities of a plea bargain involving a guilty/nolo plea that isn't an Alford.
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Old 03-21-2017, 01:21 AM
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Trust me, I'm aware of quite a number of risk adverse people who accepted pleas. They still had to change their plea and admit under oath that they did the crime. At that point, they can no longer claim innocence. They cannot claim that they lied to the court. They cannot claim that they committed a fraud upon the court. They are in fact guilty.

Now, if, outside of court, after their sentence is complete, they claim that they lied to the court and were actually innocent, I take it with a grain of salt. I weigh their in court, under oath statements against whatever out of court statements they've made and understand why lying to their friends/prospective love interests/bosses/ whomever is preferable to admitting that they did not lie in court.

Is there a problem with the plea process? Sure. But this does not negate the weight of a person's words. A person who lies under oath isn't somebody I want to marry, get into business with, hire, or otherwise want to trust as to his/her word. By stating s/he's innocent, she's stating that her/his word is about as valuable as his/her particular need at that moment. The vows of such people are vows of convenience.
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