11 Jul 2008
Artemis Gordon Glidden
I had the occasion to go before the court for a mere speeding ticket recently. When it was finally my turn, it was a blurred whirlwind of "If you change your plea from 'Guilty' to 'No Contest' I'll bump the misdemeanor 428.6 down to a infraction and drop the 629.2a". Me: "Ummm, ooookaaaay."
To any people in the legal profession reading NER, it may seem trivial. I had no idea of the ramifications of what was proposed and agreed to. The courts are hard to understand, and not just by Guatamalan illegal immigrants. They are not set up for the edification of the defendant, they're set up to run efficiently and smoothly, so they've developed their own shorthand lexicon.
We're supposed to feel sympathy because they thought they were being prosecuted for illegally entering the country, when in fact they were being prosecuted for Social Security fraud? But they did both.* No wonder they got confused.
*Allegedly, since we have a presumption of innocence.
11 Jul 2008
Rebecca Bynum
That's my experience too. Nobody gets time to go home and research the whole situation - they give the defendant the offer 2 minutes before he goes before the judge. Take it or leave it.