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Barry Boches & Associates

Don’t Throw Yourself on the Mercy of the Court?


No matter how guilty you feel about being charged with a crime, it’s never a good idea to give up and throw yourself on the mercy of the court. There are many reasons for this, but the biggest one is, you’re more likely to go to jail, since the judge is always bound by the law, and is less likely to go easy on you, especially with some crimes that are non-probationable. In some cases, it may be possible to negotiate to probation, but that can’t happen if someone just throws themselves on the mercy of the court; in those cases the judge would have to go by the exact letter of the law.

We often see situations, especially in drug cases, in which police want someone to cooperate so they can catch someone else, so they will tell the person they’ll put in a good word, but it doesn’t matter; if they throw themselves on the mercy of the court, the judge will still be bound by the letter of the law. On the other hand, an attorney can work out an agreement with police and prosecutors, to perhaps get the charge reduced.

Right now, it is a now a class B misdemeanor if someone goes more than 25 miles over the speed limit and it could result in up to 6 months in jail and a $1,500 fine, and if they simply throw themselves on the mercy of the court, they won’t get a break. If they go 35 miles over, the crime becomes as serious as a DUI or domestic battery, which means a fine of up to $2,500 and up to a year in jail, even if you claim you weren’t going any faster than anyone else on the road. Someone with an attorney can probably negotiate the charge down, but the person who gives up and throws themselves on the mercy of the court would be stuck with whatever charge they faced.

What If Someone Had Never Been In Trouble Before?

If you have never been in trouble before, or you have a wife and kids to support, these can go toward mitigation, but only if they have someone on their side. If they throw themselves on the mercy of the court, a judge will be bound by the law to do a specific thing for a specific crime. The judge will usually be able to operate between certain parameters, and could potentially give a lighter sentence based on that, but the result wouldn’t be as good as if the person had an attorney.

Someone with a good attorney can either beat the case or negotiate it down to something better. Don’t take chances, and never give up, because it’s unlikely they will get a better result.

For more information on Factors That Affect The Outcome Of A Case, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (847) 440-5532 today.

Barry Boches, Esq.

Get your questions answered - call me for your free phone consultation (847) 440-5532.

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