tag:blogger.com,1999:blog-6238764490786855274.post3826385213113043149..comments2024-03-20T10:44:31.869-05:00Comments on D.A. Confidential: Mismatch: when the defendant and the crime don't go togetherD.A. Confidentialhttp://www.blogger.com/profile/08445074681227492215noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-6238764490786855274.post-13426651684683381432010-03-25T19:47:16.751-05:002010-03-25T19:47:16.751-05:00this is prosecutorial discretion at its finest, an...this is prosecutorial discretion at its finest, and probably the thing that attracts me most to being a prosecutor. <br /><br />how much of a difference is there between your initial bargaining position in these types of cases and what you'll eventually plea it down to?<br /><br />for example, for the defendant with the long criminal history who commits a minor crime, would you start at a short prison sentence and allow a plea down to probation? or would you start at a long prison sentence and allow a plea down to probation?RGnoreply@blogger.comtag:blogger.com,1999:blog-6238764490786855274.post-18152361344734604932010-03-24T14:17:24.503-05:002010-03-24T14:17:24.503-05:00There's no formal rule, really. Basically, th...There's no formal rule, really. Basically, the more difficult the decision, and the more serious the offense, the more people will be involved in the discussion - me, my court chief, someone (or several someones) higher up, and the victim, if there is one. One of the good things about my uber-boss is that she's very willing to sit down and talk out these cases, give her input and the benefit of her experience.<br />For the cases where the defendant has a long history but the crime is less serious, that'll probably just be me and my chief talking about it.D.A. Confidentialhttps://www.blogger.com/profile/08445074681227492215noreply@blogger.comtag:blogger.com,1999:blog-6238764490786855274.post-52914924904751398042010-03-24T11:22:29.836-05:002010-03-24T11:22:29.836-05:00A question from the legal sideline. Is this total...A question from the legal sideline. Is this totally your decision or does it take you and your supervisor ("higher up')? I would be interested in the formal rule and what happens informally (which I think you covered above). Thank you.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6238764490786855274.post-26029942723868561842010-03-24T07:36:17.039-05:002010-03-24T07:36:17.039-05:00I have one of those cases now, in the first catego...I have one of those cases now, in the first category. A milquetoast who is charged with committing a very serious crime of opportunity. The right thing to do is a real head-scratcher, for both me and the ADA.Don Dicksonhttps://www.blogger.com/profile/04216181226322913663noreply@blogger.com