Goes to prison, comes out on probation, and actually does start to improve. Gets a prole job, is driving there one day, pulled over with no DL and a gun in the backseat.

Uberfucked, now will probably die in prison.

He is not trying to exculpate himself, but merely hopes for a manageable sentence. He won't get it - he will spend life in prison. He's suicidal right now.

If the State, acting under consensus of the governed, decides "we can never have this person in society again" -- fine. I disagree, but I can see the logic. The result, then, should be to simply put a bullet in the back of his head. It seems far more ethical than deciding he loses the status of society-member and so should be encaged in misery for his entire remaining existence.

Just kill these guys, honestly.

(http://www.autoadmit.com/thread.php?thread_id=5602180&forum_id=2\u0026mark_id=5310864#48136993)

State can waive all that and did. He spent like 5 years in and was doing about five years on probation after. Condition of probation — no new cases or else this sentence can be re-addressed

Crime 2: driving with no DL and felon in possession of a firearm

Nothing major in itself but allows the state to seek something worse in crime 1. And it’s basically indefensible on his side unless you can argue a) he wasn’t driving, b) he had a DL, and c) he wasn’t in constructive possession of the gun

And for the purposes or violating the probation in case 1, they need only prove the DL issue not even the gun. Any criminal act, proven only by a preponderance of the evidence, violates his probation and triggers up to life

(http://www.autoadmit.com/thread.php?thread_id=5602180&forum_id=2\u0026mark_id=5310864#48138160)

And a place called hell

A place called prison

And a place called jail

(http://www.autoadmit.com/thread.php?thread_id=5602180&forum_id=2\u0026mark_id=5310864#48139536)

but for those who DO take it on themselves to be involved with happens to the guy, it just seems far more honorable to kill him. To me, its not even close.

(http://www.autoadmit.com/thread.php?thread_id=5602180&forum_id=2\u0026mark_id=5310864#48137030)

Most major crimes should simply get the death penalty.

(http://www.autoadmit.com/thread.php?thread_id=5602180&forum_id=2\u0026mark_id=5310864#48137196)

on the flip side: He's a fucking felon ON PAROLE. What part of his brain said, "Hey, maybe its a good idea for me to ride around with a gun. I'm sure nothing bad would happen if I got pulled over for speeding or some other dumb traffic shit"

(http://www.autoadmit.com/thread.php?thread_id=5602180&forum_id=2\u0026mark_id=5310864#48137328)

The pieces you're missing is that the people involved in the correctional business are usually sadists unemployable in many other fields yet still of a sort of vital biopolitical use + big bucks in exploiting prison labor in the US

It's a grift

(http://www.autoadmit.com/thread.php?thread_id=5602180&forum_id=2\u0026mark_id=5310864#48137987)

That law is what is actually unethical. Your sentence should be based on what you did more recently, not some cobbled together nonsense like in his case.

(http://www.autoadmit.com/thread.php?thread_id=5602180&forum_id=2\u0026mark_id=5310864#48138207)

In a humane world, the prosbro would show a bit of mercy and perhaps ensure he's not fucked for life just for being a felon in possession. Of course, we're not in a humane world, and some fucking asshole will have stars in their eyes at a max sentence.

(http://www.autoadmit.com/thread.php?thread_id=5602180&forum_id=2\u0026mark_id=5310864#48139525)

the op is flame.

durr durr he had a gun is not flame

durr durr he had a gun in the backseat is flame

op added a stupid nonsensical fact to try to make the flame more interesting. backfired.

(http://www.autoadmit.com/thread.php?thread_id=5602180&forum_id=2\u0026mark_id=5310864#48139529)

then we're still doing this shit, putting people in prison for tardlength sentences for 'snatching a phone' from a vagina?

there's got to be a middle ground.

(http://www.autoadmit.com/thread.php?thread_id=5602180&forum_id=2\u0026mark_id=5310864#48142225)

i strolled into court this morning on this matter with one strategic goal: kick can down road. prosecutors leave the office, people get promoted, etc, and maybe a new set of eyes will be more reasonable.

I show up, with dick in hand, totally unprepared to do anything but get a continuance.

The judge: fuck you, we are doing the probation violation hearing today. I kick and scream and jump around, "Im not ready" etc etc. He's not having it, we get forced into PVH.

Before we start, I press the SAO boss hard. "Here's my guy's mitigation, he's a good dood, dindu nuffin, blah blah." I actually didnt dindu the guy, I said, "he fucked up and will accept prison, but pls be reasonable, take 5 years" etc.

SAO boss bitch responds, "his underlying crime is HEINOUS. We offer 40 years and feel lucky its not life."

We go into the hearing with nothin'. Im playing for a fumble.

SAO underling prosecutes the case, not the boss bitch. She first tries to get the bodycam of the traffic stop admitted. I cockblock her as much as possible, I keep objecting "improper foundation" etc. She stumbles and stutters and fucks it up. Finally the boss bitch grabs underling and gives her the magic words, they get the video admitted. Video shows my guy in the drivers seat, shows him give a state ID - no DL, and shows the cop find a gun under the back seat.

Then they try to admit the gun. I cockblock again, "foundation", "chain of custody", etc. Underling has a REAL hard time asking the right questions, but finally gets the gun in.

We break for lunch.

Local PD is milling about and I talk to her. "God I hope judge just gives the min man here, and not the whole 40 when we lose," I say.

"This judge?" she says. "He'll give your guy life 100%. I negotiated a 10y sentence with the state on a PVH and the judge rejected it and gave life. And he will give life five minutes after you lose the PVH."

I panic and grab my client. "Dude, take the 40. We are about to get life. All they need to prove is that you were driving and without a license, and youre in violation. Judge will then fuck your ass."

Client stands strong. "nah nah nah. Aint taking shit. You got this AOCPhoneNumberMoniker."

Back after lunch, the cop on the stand, I cross him and he fumbles over and over.

Reason for the stop: no seat belt and tag obscured. But the tag was very visible in the bodycam. And it was night time, dark, no interior car illumination etc. So I beat him up a bit -- can see no seat belt on a moving car at 55mph in the dark, but cannot see the tag from 5 feet away? When we can all see it in the video?

Then I jump into search. "Smelled cannibas". Lol. No weed recovered. Only gun.

Next wit: Guy who test-fired the gun. Its a gun.

State auto-admits probation papers, conviction history, DMV records, and then rests. lol.

I dont call my guy.

I argue - cops full of shit. Either best or worst eyes on the planet. Gun had no prints, no DNA, no testimony that car even belonged to probationer. All you have is him in a car where there was a gun... and apparently no DL, but the violation must be willful and substantial and no evidence he willfully knowingly drove without DL and even if so, not substantial violation.

Judge hems and haws. Finally decides he cannot rule until he has reviewed the transcript, tells us to come back in mid October.

We might actually win this shit.

(http://www.autoadmit.com/thread.php?thread_id=5602180&forum_id=2\u0026mark_id=5310864#48147190)

And he did manage to find a shit paying wage job. Maybe he’ll turn into a good keed. He’ll make your fish fry in the back kitchen

(http://www.autoadmit.com/thread.php?thread_id=5602180&forum_id=2\u0026mark_id=5310864#48147466)

Just ahead of the judges delayed ruling on the probation violation the state amended the affidavit with allegations of NEW violations - guy had been calling the woman from the 2016 case from the jail phone, 49 times.

State had all the recordings. Many calls were anodyne but many were ugly. Threatening her to recant the 2016 case etc.

I had slim procedural arguments: “judge the probation hearing already finished and now there’s new allegations from the time before, state should be time-barred” etc. But I knew it was bullshit. He’s still on probation and they can “violate” him at any time. They could file new affidavits every day.

So even with our luck in the original PVH we were sure to lose these new allegations. State had signed docs that he’d been forbidden to contact her. State had his jail acct calling her number. State had their voices on the calls.

I put in a personal meeting with prosecutor and BEGGED for a deal. Finally got 15 years state prison. Closes the probation violation and the new case. He took it, is happy. Will have a chance to not die in prison.

(http://www.autoadmit.com/thread.php?thread_id=5602180&forum_id=2\u0026mark_id=5310864#48259778)

Also I played off her laziness / sense of efficiency. If my guy gets sentenced to life we might as well try his new case (we wouldn’t have). Does she want to waste a week on trial? Take the 15 and the win!

(http://www.autoadmit.com/thread.php?thread_id=5602180&forum_id=2\u0026mark_id=5310864#48259846)