Criminal Trial Or Plea Deal? How Do You Choose? A Former Prosecutor Breaks Down The Options! (2022)

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  • čas přidán 6. 09. 2024

Komentáře • 125

  • @theone-jm3gl
    @theone-jm3gl Před rokem +67

    I'm black 6'2 260 lbs so I'm already at a disadvantage.. College grad.. professional actor.. own pool cleaning business, never drank or smoke.. one traffic ticket in my life 2004 redlight camera turn.. I caught my wife of ten years in backseat with her boss in a parking lot and he took off running and jumped in car, in doing so he backed up into my truck trying to get away so I chased him and he spun out of control and did a hard brake.. my truck hit is car.. he got and started running.. I stayed put.. cops came and got the story and I was arrested for reasonable cause to being the aggressor since I was the one that caught them. I was arrested, bailed out next day.. to find out I was charged with assault with deadly weapon not a gun. I go to court in a few weeks.. DA is offering 3 felony strikes and 5 years probation.. I would have to give up my passport and lose business license. I rather go to trial, this court system in America will definitely be punished by God soon..

    • @victorylittleking
      @victorylittleking Před rokem

      g*d is the diety of fortune. The courts in the usa are defacto in that they are trying to convince you that they are in authority over you. You are the indigenous living man and the corrupt government in 1933 began attaching numbers to everyone born on the soil of every state of the republic. They fraudulently chose for you to be a us citizen when you have the right to choose your own status. When you get an attorney you acquiesce to being a person citizen or a resident. The courts also have invested in your name in all caps which is your vessel and you have millions linked to that vessel and the courts will get a penal sum if you sign the documents the put in front of you.

    • @JayRandomOfficial
      @JayRandomOfficial Před rokem +9

      Sorry to hear that bro I have court too about a female with a long history of violence, she assaulted me and hit herself in the process and called the cops told then I had a gun a d slapped her she was bleeding, they charged me with battery and aggravated assault no evidence just her word and her bleeding found no. First time in my life anything violent is place on me. I'm 31

    • @trapscience5828
      @trapscience5828 Před rokem +3

      @@JayRandomOfficial Me too, have your lawyer file a Self-defense claim on your behalf. It would be almost impossible for the state attorney to convict and find you guilty.

    • @JayRandomOfficial
      @JayRandomOfficial Před rokem

      @@trapscience5828 no sadly I had a public defender, he wasn't too invested in my case and 2 days ago I just pleaded out I think I'm regretting it now because she even has open warrants out for her arrest so she would not have even shown up. Now I'm stuck with 3 years probation and anger management, community service and 1k in restitution.

    • @trapscience5828
      @trapscience5828 Před rokem

      @@JayRandomOfficial 😬😬😔 Well Good luck with that.

  • @ttrainor70
    @ttrainor70 Před rokem +40

    If you know you're actually guilty, take the plea. If you're innocent, you're f*cked no matter what you do

    • @RSainman
      @RSainman Před rokem +4

      So true.

    • @dennishickey7194
      @dennishickey7194 Před rokem +2

      ​@@RSainman Ditto. See my comments for amplification.

    • @dennishickey7194
      @dennishickey7194 Před rokem

      See my comments. You may be more right than you know about how evil the system is but it is not hopeless. We can take back what is ours through the jury system as it's meant to be. We need not recognize lawyers or judges as officers of our courts and can direct all clerical officers and bailiffs to follow procedure as it is supposed to be followed. Establishing Rule of Law, Due Process and equal justice for all must be taken up anew. That is up to us alone. Eventually we'll develop a legal profession to assist in the administration of justice but until then know it's going to be a messy, painful ordeal. Many mistakes will be made but with open transparency we can correct most.

    • @robertmarley8852
      @robertmarley8852 Před 11 měsíci +1

      Damn

    • @twyiatv
      @twyiatv Před 8 měsíci +1

      😂damn.

  • @commentsedited
    @commentsedited Před rokem +14

    So when the judge asks you in court if anyone coerced you or threatened you or made promises to you, to make the plea you're making, isn't the DA
    Doing exactly what he is asking about??

  • @pnachtwey
    @pnachtwey Před rokem +24

    The police and prosecutors are scum. I was falsely accused for two accounts of assault. I had video that showed I was attacked by 3 people and I was defending myself on my property. The prosecutor didn't care and tried to coerce me into taking a plea deal to protect the city. The prosecutor added false charges in try to make me take a plea deal even though the prosecutor had seen the video. I had to make multiple visits to the court for BS things. I wasn't going to take a plea deal. At the last minute the case was dropped without prejudice. I was OK at the time but a trial would have shown who was really guilty.
    After a year and a half, no one has seen the video but my lawyer and the prosecutors. The judges didn't care. The lying scum cops with the false police report and the prosecutors with malicious prosecution have destroyed my faith in the legal system. I won't use the word justice system because there is no justice in the US. It has been a scam.

  • @br4524
    @br4524 Před rokem +13

    If im innocent im not pleading guilty

    • @elefecto4945
      @elefecto4945 Před 11 měsíci +4

      Thats Honorable, me too, fuck em.

  • @tooge47
    @tooge47 Před rokem +5

    I will NEVER plea when I am INNOCENT of the totally bogus charges heaped on my AFTER I committed the Ultimate Crime: contempt of cop

    • @j-s-m-rasmr5292
      @j-s-m-rasmr5292 Před 11 měsíci

      I was falsely accused of a class 3 felony and plead to misdemeanor with conditional probation - because all my witnesses were dead .. it was awful but it continued for over 5 years in court... including appearing through covid and lockdown in person

  • @j-s-m-rasmr5292
    @j-s-m-rasmr5292 Před 11 měsíci +2

    My daughter is fighting a case because she was a passenger in a car that had drugs in it... she is being advised by paid atty to plead guilty to conspiracy to possess and distribute (felony 2) she has no record prior to this

  • @DaRyteJuan
    @DaRyteJuan Před rokem +3

    As someone who was overcharged with “Assault on a Police Officer with a Deadly Weapon” .. taking “Failure to Heed an Officer” andFailure to Stop at a Stop Sign” plus three years probation, the advice in this video is pretty good. 👍🏻

  • @davidcastleman9079
    @davidcastleman9079 Před 9 měsíci +4

    Very informative and helpful. Exactly what I was looking to have answered. Thank you for understanding what people are actually wanting to know.

  • @AlexanderMeier-iw7bz
    @AlexanderMeier-iw7bz Před 10 měsíci +2

    I should have called you 4 years ago before pleaing "no-contest" because I did not know the difference.
    No evidence exists nor witnesses, all hearsay. Now kidnap is on my record, when the person ran away and hid behind my house.

  • @autumncline8764
    @autumncline8764 Před rokem +8

    Going through a DWI 3rd or more after successfully competing parole for 6 years, holding down a job, a household, and was pulled over for going 4 mph over the speed limit 1 mile away from my house. People are human and make mistakes. Unfortunately the system doesn’t care about any of that. Only the consequence another human being thinks you should suffer.

    • @CollinMac96
      @CollinMac96 Před rokem +1

      My county DA will give you a 2nd chance with your 1st dui. If you get another then a 3rd??? You didn’t learn your lesson and should be buried at sentencing

    • @dennishickey7194
      @dennishickey7194 Před rokem

      ​@@CollinMac96 See my comments and replies to others, please. Thanks!

    • @ImaNPCman
      @ImaNPCman Před 6 měsíci

      Everyone deserves a fourth or fifth chance.

  • @ian2372
    @ian2372 Před 2 měsíci +2

    I don't even have a parking ticket to my name and am an honorably discharged veteran. I am being charged with a 2nd degree felony, 8 counts for self-defense. I have been arrested twice for the same "crime" and the DA is still fishing for additional charges, six months after the incident. I have lost my job, lost my woman of 11 and half years (and my two dogs I raised from pups), lost my house and moved three states away with 40k in debt from legal fees. This experience has completely changed my perception of not only law enforcement but also our criminal justice system. Our justice system in Texas is completely corrupt and designed to F you if you make one mistake. My plea deal with no priors and no victims is 3 years in prison. I've already paid 25k in attorney fees for pretrial retainer representation fees but I am willing to take it all the way to jury trial which will cost me 2500 dollars per day if the DA doesn't move off of prison or jail time. If I survive this, will be alot more hostile towards "tough on crime" DAs and politicians.

  • @iSharemo
    @iSharemo Před 10 dny

    My loved one (LO) is currently in Franklin County Jail, Pennsylvania, charged with kidnapping a minor. However, he intended to help the runaway girl. The girl testified that she wasn't forced or kidnapped. The girl is free to go out in the store. No parents filed a case; the State of Pennsylvania brought the charges, with the police as witnesses. My LO mentioned that the police fabricated stories and twisted the truth in the news, based on what I told him about the news reports.
    And now his attorney advised to waive the preliminary hearing? Is this a good decision? My loved one said his attorney never talked to him prior to the hearing or asked him about the case. What to do?

  • @bethiciaprasek1008
    @bethiciaprasek1008 Před 3 měsíci

    Did not get to this point of trial or deal, but I was threatened with jail one time. My daughter went missing and officer threatened jail time if I would not confess how I was involved. I made sure a friend outside (if I went to jail) would contact media (not just for me but to keep the case fresh if I were arrested) and put down a $5000 retainer with a lawyer, but let him know I actually still wanted to talk to the police in order to help them to find my daughter. Unfortunately she hasn't yet been brought home to us, but you are right that the decision isn't always cut and dry.

  • @wildestcowboy2668
    @wildestcowboy2668 Před rokem +3

    I like how he be talkin, he be smooth

    • @dennishickey7194
      @dennishickey7194 Před rokem

      Don't be taken in. See my comments and replies to others.

  • @warholcow
    @warholcow Před 5 měsíci

    This video is helpful. Thank you. It’s scary that even if you’re innocent, you could face such big consequences.

  • @erazco6568
    @erazco6568 Před 10 měsíci +1

    Some girl falsely accused my of throwing a stick at her car now I have a criminal mischief charge this happened back in 2015 the accuser didn’t even remember processing the case

  • @rdsieben
    @rdsieben Před rokem +8

    Aren't plea deals mostly coercion to get you to plea guilty?

    • @dennishickey7194
      @dennishickey7194 Před rokem +3

      Absolutely. Nolo contendre is a guilty plea and seals your fate. You "throw yourself on the mercy of the court" surrendering all appeal rights. Yes, they will punish you for standing on rights they consider priveleges they confer or withhold according to your ability to rent them. X#@% them. This is America!

    • @commentsedited
      @commentsedited Před rokem

      ​@@dennishickey7194no contest. Better than a guilty plea. You can go back later and have the case fictiously retried with a not guilty plea and it's erased from your record. Even if it is a felony.

    • @dennishickey7194
      @dennishickey7194 Před rokem +1

      @@commentsedited Not in my state and as the commenter points out it's a lure to expedite cases especially important for keeping the court calendar clear for those who can afford to rent their unalienable rights.

  • @christopherleubner6633
    @christopherleubner6633 Před 4 měsíci +1

    If you are REALLY not guilty never accept a plea deal. Also note the speed of jurisprudence is glacial at best, averaging over a year to finish so you got plenty of time to weigh your options. Also get a copy of the Discovery and go through it and highlight any inconsistencies this will help your lawyer A LOT. Another thing is to get a copy of the Jury instructions and see how many factual elements required for conviction you can disprove. When I was in jail I did this for people out of boredom. 3 were basically screwed, 2 got their charges reduced and 6 walked entirely. My own case was a 💩 show. The language in the Jury instruction was worded in such a way that all physical evidence could be done away with entirely and simple testimony alone could get a conviction. 💀💀💀

  • @ChessNoobX
    @ChessNoobX Před 3 měsíci

    My case from South Africa...had a fight with my brother over loud music...we both facing assault charges....the prosecutor said someone needs to take the fall so we both refused then he picked me and now we have to comply wih his conditions so that my case goes for diversion...but both of us wanted to withdraw charges....it sucks...the law is messed up😅...

  • @mikehome6137
    @mikehome6137 Před 9 měsíci +1

    Remember, you are to be judged be a jury of your peers.......if you've been charged with a pot crime, anyone who has never smoked, grown, had anything to do with not your peer and should not be on the jury. A plea deal bypasses the jury OF YOUR PEERS...not saying a plea deal isn't in the best interest, but you have to consider in the best interest of who...a plea deal is an automatic win for the prosecutor.

  • @commentsedited
    @commentsedited Před rokem +2

    No contest. Never guilty. You can have a no contest plea expunged. A guilty plea you can not make it go away. .

    • @riscookz1180
      @riscookz1180 Před 5 měsíci +1

      Same as saying your guilty 😂

  • @darylhopkins9796
    @darylhopkins9796 Před 3 měsíci +1

    Great advice.

  • @whitejodeci8926
    @whitejodeci8926 Před rokem +1

    My ex submitted a false accusation, never had any issues besidea speeding tickets in my life. I want to clear my name, but the cops seem hell bent on supporting her no matter what

  • @Katykabha
    @Katykabha Před rokem +6

    I'm really enjoying your videos. They were clear cut and honest without putting fear in someone. I truly enjoyed this

    • @hamptonlawfirm
      @hamptonlawfirm  Před rokem +2

      Glad you like them! Thanks for watching!

    • @dennishickey7194
      @dennishickey7194 Před rokem +1

      See my comments, please.

    • @Katykabha
      @Katykabha Před rokem

      @@dennishickey7194 which ones

    • @dennishickey7194
      @dennishickey7194 Před rokem

      ​@@Katykabha I posted comments and replies to
      others. They are still up on my phone. Have they been taken down?

  • @donaldmarwitz2046
    @donaldmarwitz2046 Před rokem +1

    I believe in a lot of cases if you expunge something there is fees or costs associated with the ability to do that I'm wondering if you. Can touch basis on that period at least that's what i've been led to believe over the years.

  • @joelincoln3451
    @joelincoln3451 Před 2 lety +8

    I’m going though a intoxicated manslaughter case and I’m having the hard choice to make tomorrow 8-24-2022 to go to court or have the judge sentence me also .079 was my blood work. They are pulling teeth and the DA will not budge he wants to give me 30 years stacked. I have never been arrested in my life. I have served my country. This has been a hard tragedy in my life not just for myself but the victims family as well my heart hurts for myself and everyone else involved.😢

    • @wildestcowboy2668
      @wildestcowboy2668 Před rokem +6

      So basically your saying that you took a life and they offering you 30 years bone?

    • @jsmith108
      @jsmith108 Před rokem +1

      What happened?

    • @Bigchue4590
      @Bigchue4590 Před rokem +4

      @@jsmith108 He had been drinking at apple bees and was on his way home and a lady and her daughter were going to get ice cream and he said he had been cut off by another car which resulted in the crash but he was also intoxicated so yeah He killed the mom and daughter. I hate it for everyone that's why I rather drink at home or have a designated driver because now he's doing 15 years and this family lost 2 loved ones.

    • @zackposey4939
      @zackposey4939 Před rokem

      Such pointlessness and tragedy in Both aspects of this story innocent mother and child lost because of a moment of carelessness and the loss of from what I can see is a decent member of society who made a very poor decision I can't say his punishment was unearned but I wonder if it's really the best way.perhaps a more fitting approach would be to make him responsible for those left behind if there was other children or something IDK it just seems wasteful to throw away another life on top of the two that were already lost

    • @robertmarley8852
      @robertmarley8852 Před 10 měsíci +1

      Maybe you can pay the DA a visit
      Everyone gets found

  • @geraldineletman9152
    @geraldineletman9152 Před měsícem

    My court appointed attorney refuses to discuss my case with me.

  • @lilgetdown
    @lilgetdown Před 7 měsíci

    I'm in Oklahoma and I appreciated your video more than you know. Thank you

  • @josephlewis7166
    @josephlewis7166 Před rokem +1

    If they want to violate ur probation howa many

  • @doracampos2088
    @doracampos2088 Před rokem +1

    Excellent information! Thank you so much!

  • @kevinterrell1173
    @kevinterrell1173 Před rokem +1

    Thanks, I was wondering what were the options for relaxing a Conviction Integrity Unit (formerly PCR) in New Jersey?

  • @pranavpillai7778
    @pranavpillai7778 Před 9 měsíci

    1. Are you guilty or innocent?
    2. How much evidence do they have against you?

  • @TheRoxinatoR
    @TheRoxinatoR Před 8 měsíci

    Awesome thank you very much

  • @alecstuart5266
    @alecstuart5266 Před 6 měsíci

    Which one is better for " Capmark Mgmt. & Co. " ? Let me know. Kindly if you please.

  • @NinaSaffold-ko8cy
    @NinaSaffold-ko8cy Před 6 měsíci

    you’re awesome thank you 😊

  • @kasirojkt9245
    @kasirojkt9245 Před 2 měsíci

    Is that true obly 2 % crimimal case goes to trial. The rest stop at plead deal

  • @NotMePlease1
    @NotMePlease1 Před 4 měsíci

    Sue

  • @Sdot1904
    @Sdot1904 Před rokem

    guilty plea with prejudice meaning

  • @juan.a.9989
    @juan.a.9989 Před rokem

    Hello, thank you for this information.
    Is it okay, usual practice or should one be alarmed if a public defender does not secure a plea deal with prosecution prior to your testifying against the other party? You agree and are absolutely willing to testify but talks of a plea will be done after you testify and at your bench trial.
    To me it makes one nervous to think they wont get a deal at all or that they are helping the prosecution and may not get anything.
    Is the public defender lacking power to negotiate or ask the prosecution to have one prior or could the other party's lawyer bring it up that a person is only testifying against their client because they have a plea deal?
    Can the court and jurors having knowledge that someone took a plea deal ruin the prosecution ls case?
    Do the prosecution possibly not have enough evidence if they are concerned about the other party's lawyer asking their witness if they took a plea deal for their testimony?
    I would appreciate your insight on this. Would you testify without the guarantee or accepting a plea deal? How can one ask their lawyer to please protect them in that area of having nothing for their testimony prior to it.
    I know ive probably repeated questions in different ways its just I'm not understanding it and of course not a lawyer but ive noticed in other celebrity cases its been made know to the public that plea deals were given before trial and just wondering if not given a plea deal prior to being a witness is a good move for a case so that its not brought up in court they took a deal, and for a defendant? How can one protect themselves and say hi can I please have a plea deal prior to court? I am more than willing to testify. What im hearing is they dont want the other partys lawyer to ask if their witness who is also a party to the case, if they took a plea deal for their testimony. If that is normally a concern with cases, can one not do anything and just wait to testify and hope to get a deal or can the prosecution go back on what they are telling the defendants Public defender?
    Thank you!

  • @lisasimonson5051
    @lisasimonson5051 Před rokem

    Are you able to refer me to an attorney in Bexar county who can handle a first-time DWI charge ?

  • @zawarudo310
    @zawarudo310 Před 2 lety +2

    Crazy timing lol...I have to make this very decision on August 30th and am intending 1000% to go to trial. Imagine somebody getting into an alleged Facebook argument with a miserable overweight Karen, only for Anna Hernandez of Tarrant County to remove the initial misdemeanor harassment charge (still bogus) and upgrade it to FELONY stalking. Imagine having your life possibly destroyed in the name of a cackling rotten walrus who has her local detectives and State attorneys placating all her sinister demands. I ask my current attorney for a copy of the chatlogs so I can feel as confident as possible that I never used threats or mentions of imminent violence, and he just leaves me "on read". Please represent me pro-bono, Jeff!!!

  • @FazeBrokenYt
    @FazeBrokenYt Před 11 měsíci

    They charge me public toxication and drinking public? Do I plead guilty and pay the fine so won’t go jail ? How does works

    • @AB-lv6dy
      @AB-lv6dy Před 4 měsíci

      It's given 6 months in jail and $1,000 fine, but I'm sure you probably took the plea which i assume you did and hopefully you receive some help for your drinking problem

  • @KinoGraham-cw8ok
    @KinoGraham-cw8ok Před 3 měsíci

    Hi,i am of help in Alabama with a murder Case I plead guilty I am Innocent

  • @Efiigbo
    @Efiigbo Před 7 měsíci

    Does solicitation for prostitution quality for ptd?

  • @hatemaljweinat7773
    @hatemaljweinat7773 Před rokem

    I hope Mr Jeff Hampton will advise me ..
    Hi I have been arrested in Texas for solicitation of prostitution Sting operation,(state jail felony). So the prosecutors offered me felony deferred adjudication/ OR misdemeanor 1 month sentence.
    This first time in my life to be arrested and I don’t do any kind of drugs or drink.
    My question is what to choose to I get my job back (Uber driver)
    Please help!

    • @speakvanholding247etc
      @speakvanholding247etc Před rokem

      Where is the indictment?

    • @hatemaljweinat7773
      @hatemaljweinat7773 Před rokem

      Montgomery county Houston

    • @speakvanholding247etc
      @speakvanholding247etc Před rokem

      Your lawyer should have provided you a copy. Ask him for a copy and get back with me.

    • @XxpostyxX
      @XxpostyxX Před rokem

      I'd take the 1 month misdemeanor over the felony, ultimately felony never looks good on your record. Also highly advise you not to speak about your case and not to put anything about your case on the internet the feds can and will use it as evidence. Do not admit to anything. If they do not have hard evidence chance is you can get it dismissed. They have to prove you guilty without reasonable doubt. Have your lawyer handle it and file a motion for discovery (evidence they have discovered against you) that will help with your case alot because it shows what the evidence they have against you. As Jimmy McGill, aka Saul Goodman said “Lawyers - you know, we’re like health insurance. You hope you never need it. But, man oh man, not having it - no.”

    • @speakvanholding247etc
      @speakvanholding247etc Před rokem +1

      He will not and better not advice you, unless he represents you.

  • @ziflol7562
    @ziflol7562 Před rokem

    im 19 with no criminal record, ive been charged with robbery and extortion. a 60 year old man kissed my gf which she did not agree to. she ran to me crying and i went up to that guy and grabbed him by the collar and asked him why did he do that to my gf. and i told him that im going to the police and he pulled out 1000 dollars and gave it to me. i got greddy and asked him for large sum of money so i wouldn't go to the cops. then one day i get arrested for robbery and extortion. is there any way i can get my case dismissed? or not go to jail?

  • @dennishickey7194
    @dennishickey7194 Před rokem +1

    You presume guilt and advise accordingly. It's true that the burden of proof of innocence is on the defendant and he/she has only as much rights as they can afford to rent.
    To be clear, counselor, legal fees are not bribes on our part but extortion on yours. When the ex Governor of Rhode Island was cheated out of a trial by in effect charging him $1.3 million for the state constitutionally guaranteed right of Discovery one of his lawyers gave away the game in blurting out,"At these prices who can afford justice?"
    Not incidentally if it's Due Process why is it ever necessary to falsify felony transcripts so extensively that they become fake history? Forging state documents is a felony and since it's done in coordination with other officers of the court it falls under the RICO Act. It voids meaningful appeal to the defendants already wronged, betrays juries and defrauds the public. As a lawyer you should also be able to list the other legal violations committed. I have objections based on higher law if you're interested.

    • @user-qy6tu9ip9v
      @user-qy6tu9ip9v Před rokem +1

      Hey bro, can you please help me? I am currently being falsely accused and I could face up to 11 years in prison if I'm found guilty in a few months. I have sexually charged texts with the girl that's accusing me and she also sent me nudes. I'm not sure if that will be enough to get me out of my mess. I have always asked her for permission when touching her. They are using a cctv footage of me touching her but in the video I had asked her if I could and she said yes(I asked multiple times). We have been doing this for months together and it was her ex-boyfriend that reported me first and she went with it. I told my lawyer to get the full cctv video because it shows us flirting with one another, her asking for my number again, her leaning in for a kiss after I asked her for one. I'm just so lost right now.

    • @dennishickey7194
      @dennishickey7194 Před rokem

      @@user-qy6tu9ip9v You didn't mention her age for instance and I can't know the circumstances of course but get informed on the law and procedure and document your case as you go along. Best of luck, you're going to need it. The system is corrupt beyond an American's ability to recognize it.