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Question
- you have just been arrested and are being booked into the jail for a felony. you have no money to hire an attorney and will be appointed a public defender. you are not guilty of the crime of which you have been charged and do not wish to plea-bargain, but a jury will not be able to hear your case for about six months. what will you do and why have you made that choice. explain in detail your reasoning behind the decision.
Brief Explanations
- Collaborate with the Public Defender: Since a public defender is appointed, work closely with them. Provide all evidence (like alibis, witness info, documents) that proves innocence. The public defender knows legal procedures, so they can prepare the case, file motions (e.g., for speedy trial if 6 months is undue delay, or to suppress improper evidence). This helps build a strong defense strategy.
- Maintain Composure and Follow Jail Rules: Staying out of trouble in jail is crucial. Misconduct could harm the case (e.g., new charges, negative impression on the court). Follow jail regulations to ensure focus remains on the legal defense, not disciplinary issues.
- Gather and Preserve Evidence: In the 6 - month wait, identify and collect more evidence. For example, find witnesses who can testify, get documents that refute the charges, or work with the defender to subpoena evidence. Preserving evidence (like not letting physical evidence deteriorate) ensures it's admissible in court.
- Educate Yourself on Legal Rights: Learn about rights like the right to a speedy trial (Sixth Amendment), right to confront witnesses (Sixth Amendment), and rules of evidence. This helps in working with the defender, as you can understand the case's legal aspects and spot any violations of your rights (e.g., improper search leading to evidence).
- Refuse Plea Bargain Firmly (and Explain): Since innocent, don't accept a plea. Explain to the prosecutor (via the defender) why the charges are false. A plea bargain would mean admitting guilt (even to a lesser charge) when innocent, which has long - term consequences (criminal record, restrictions). Standing firm on innocence is key to vindicating oneself.
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- Collaborate with the public defender to build a defense, providing all exculpatory evidence.
- Follow jail rules to avoid additional issues.
- Gather and preserve evidence to strengthen the case.
- Educate oneself on legal rights to assist the defense.
- Firmly refuse plea bargains, as innocence means no guilt to admit.