I have accepted a case that involves a a violation of probation and a new charge. I am left with the work of my predecessor and a client with a felony conviction and while on probation the subject of a probation search resulting in a violation of probation.
In cases of violations of probation that also have the possibility of a new charge, the prosecution has tremendous leverage as one could defeat the new charge and still have severe consequences related to the violation of probation. The most predominant term of probation is "obey all laws" and obtaining a new charge violates the probation terms even if the new charge is defeated because a far lesser standard of evidence, without benefit of a jury trial, is necessary to violates one's probation. In cases of a felony, a violation could result in the imposition of sentence being rendered from the original case. The sentence in most cases may result in state prison. Hence, the prosecution can maintain a "take-it-or-leave-it" position relative to any offer made that does not include state prison.
Its beyond me why in the present case my client has a felony stemming from a shoplift case with no prior convictions. Regardless, I must use the hand I am dealt and accept the sometimes caustic realities of a justice system that penalizes a person for challenging the merits of a case. While I do in fact believe in our justice system, such a belief doesn't lessen the sting of reality of a cost-benefit scenario of accept a certain outcome versus the potential for incarceration in state prison.
The sad reality is justice is sometimes about what you can afford and what risk you are willing to take. I dont like to gamble and dont know why Vegas calls it gambling as the lost wages is almost a certain outcome in most cases where you leave a matter to chance.
In this present case the prosecutor has offered a very favorable resolution, one I did not expect without trial, and I am grateful and he has not forgotten that statistics are about numbers and not people; however, I am reminded that in many cases, people become numbers and its frightens me
