Plea bargaining has a place in our criminal justice system. With that being said, it is a tool that needs to be used with sound discretion. Persons who violate our laws need to be held accountable. Reducing felony crimes to misdemeanors should be the exception, not the rule. A prosecutor should never reduce a charge out of convenience, laziness or fear of trying a case. The law has provisions to allow first time offenders of a certain age group for select classes of crimes to earn a dismissal of their charges if they successfully complete a probationary period under the court’s supervision.
There are many factors that must be considered in determining whether to allow a defendant to plead to an offense lesser than the crime charged. Such factors include:
Holding people accountable for their criminal activity is key. The law provides that a person convicted of their first drug possession crime may be given the opportunity to earn a dismissal of the charge. This law does not apply to persons dealing drugs. The decision to allow a person to earn such a dismissal is in the sole discretion of the judge; meaning it can be allowed even over the objection of the prosecutor. A person may only be given one deferral.
While addiction is a disease, it is not a free pass to violate the laws of our state. The courts have held that there are three goals in sentencing, and all must be addressed:
It is my belief that in most cases the third goal is rarely achieved without addressing the first two. Those struggling with addiction need to understand that the consequences for use and possession of drugs is greatly outweighed by the feeling and comfort the drugs provide. That means they have to comprehend that the option is drug use versus their freedom.
Additionally, law enforcement needs a strong knowledgeable prosecutor to assist in building cases that target suppliers. The ability to work up the chain of distribution and focus on suppliers is key. Seeking lengthy sentences for those that bring drugs into our community will deter their desire to sell drugs in our community. The message needs to be sent that their business is not welcome in our county.
This question has come up when talking with the members of the community going door to door after at least one of my opponents has stated to numerous people, if I am elected, the office will not see needed change. We agree on one thing, the office needs change. I am the person most aware of the need and most capable of accomplishing the change. When I took the job as Chief Assistant Prosecuting Attorney in 2021, my then employer indicated that it was her intent to amend the liberal plea bargaining policies of her predecessor. She indicated she wanted to take a more firm stance on drug crimes, crimes against our law enforcement officers and crimes of violence. I was enthusiastic to be a part of those ambitions. I believed she had good intentions. However, unfortunately, she did not follow through on her stated visions.
My predecessor was very young when she took on the momentous task of being the chief law enforcement officer of the county. In fact, she had just under five years of prosecutorial experience, similar to one of my opponents. A tough stance on plea bargaining requires the fortitude to stand behind both your charging decision and your ability to take the case to trial, if necessary. As mentioned in one of my previous posts, plea bargains should never be entered into because it is less work for the prosecutor or because of a lack of confidence in your ability to successfully try the case. Plea bargaining most definitely should not be the result of a lack of preparedness to proceed to trial. Trial preparation must begin early on and takes a considerable amount of time and effort.
My predecessor and I had extremely different philosophies on what cases should be plea bargained and we definitely had polarized ideals on what constituted an appropriate sentence for particular offenders and offenses. Our differences were exemplified by members of the defense bar attempting to circumvent my “harsher” offers by approaching my predecessor as the elected (and my superior) to attempt to obtain a veto on my offer. The elected official has the final say on every case and every policy decision. As an at will employee of the elected official, my opinions were just that, opinions. However, as your elected prosecutor I will have the ability to implement policy changes and adhere to my beliefs on appropriate plea bargains and sentence negotiations.
Another notable difference between myself and my predecessor is my responsiveness to inquiries. Whether law enforcement, members of the defense bar, other county departments, or importantly, victims, my reputation has been and remains one of attention to communication and the need for promptness in response time. Even if the initial response is merely an acknowledgement of the inquiry and a commitment to address the inquiry in the near future, people know I am listening and will attend to the matter at issue. Cases that were assigned to me for review were always promptly addressed. It is important to note the word “assigned” as the decision of which cases I handled was at the sole discretion of the former elected official. Despite the tremendous increase in work since being appointed the Prosecuting Attorney, I continue to efficiently address charging requests presented by law enforcement. I answer my phone to assist law enforcement 24/7 regardless of what I am doing.
Law enforcement supports me in this election because the members of law enforcement know that I am capable, reliable and make decisions not based on how much work it will create, or what push back I may get from the defense bar, but whether I feel the outcome serves the ends of justice, protects our community and ensures the victim feels heard and is given closure and the ability to begin the healing process.
Why would you take my word for any of this? You do not have to. Ask my office staff, ask the members of law enforcement, ask the victims of the cases I have handled. Ask away, please do! I am tried, tested and trusted for a reason.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.