{"id":85948,"date":"2018-05-14T10:54:12","date_gmt":"2018-05-14T14:54:12","guid":{"rendered":"https:\/\/sentencing.net\/?p=85948"},"modified":"2020-06-30T10:31:18","modified_gmt":"2020-06-30T14:31:18","slug":"sentencing-rejecting-plea-deal","status":"publish","type":"post","link":"https:\/\/sentencing.net\/sentencing\/sentencing-rejecting-plea-deal","title":{"rendered":"To Plea or Not to Plea? Horror Stories After Rejecting A Plea Deal"},"content":{"rendered":"

Sentencing after trial can be quite different after accepting a plea bargain<\/a>. The \u201cdiscount\u201d that a plea bargain provides comes at a significant cost to a person’s life. A defendant must consider all aspects of their case before they accept a plea deal. Individuals must examine everything from the strength of the prosecutor’s case to the defendant\u2019s willingness to plead guilty.<\/p>\n

But a person must also realize that a plea deal is a double-edged sword. While accepting one may obtain a shorter sentence, rejecting one can lead to harsher punishment. Here are two examples of the sentences that followed when the defendant did not accept a plea bargain.<\/p>\n

The Recent Alabama Felony Murder Case \u2013 25 Years Becomes 65 Years<\/h2>\n

\"Sentencing<\/p>\n

February 23, 2015, in a town close to Montgomery, Alabama. Five young men, ranging in age from 16 to 23 years old, break into several private homes to steal what they can. However, when they reach one of the homes, they find themselves face-to-face with the police.<\/p>\n

As they attempt to flee the scene, the 16-year-old suspect begins shooting at the police officers with a revolver. One officer returns fire, killing the 16-year-old. The remaining four are taken into custody and charged with burglary, theft, and felony murder. Felony murder, of course, holds a person responsible for any death that occurs while committing a felony.<\/p>\n

Prosecutors offered a plea deal to one of the suspects, 18-year-old Lakeith Smith. In exchange, they offered to recommend a 25-year prison sentence to Smith. Smith turned it down.<\/p>\n

Last month, the judge on the case sentenced Smith to 65 years in prison. Smith laughed when he heard the announcement.<\/p>\n

In imposing sentence, the judge noted that Smith showed no remorse for his actions at trial. Even at the prompting of his own grandfather at the sentencing hearing, Smith was reluctant to apologize for engaging in a crime that led to the death of his 16-year-old accomplice. The judge summed up Smith\u2019s attitude in one sentence: \u201cYou just don\u2019t get it, do you?\u201d.<\/p>\n

The New Jersey Robbery Case \u2013 6 Months Becomes 11 Years<\/h2>\n

A young man in south New Jersey went to the motor vehicle office and, without her knowledge, had the title to his girlfriend\u2019s car put in his name. Shortly thereafter, the man and his girlfriend got in a fight. During this altercation, he struck her down and stomped on her back while wearing his Timberland boots. Following this, the man took the keys to her car and drove off.<\/p>\n

When the case came into the hands of the Camden County Prosecutor office, they offered him a deal. In exchange for a guilty plea, they would recommend for him to serve only six months in prison. The man refused.<\/p>\n

The New Jersey Attorney General\u2019s Office then took over the case. They incorporated the motor vehicle fraud violations with the assault and robbery charges. When the man went to trial, he was ultimately found guilty of all the remaining charges against him. When he arrived at his sentencing hearing, the court had him serve 11 years behind bars.<\/p>\n

Sentencing After Plea Bargain: The Better Option?<\/h2>\n

In both examples above, the defendants did not take the plea bargains, resulting in longer, harsher sentences. The family of that 18-year-old youngster will now lose virtually all contact with him for 65 years. The same could be said of the New Jersey man. He has now lost a decade of his life by rejecting the plea bargain. It is a true tragedy that our justice system is so reliant on these deals. Even so, there are two schools of thought on the plea deal calculus.<\/p>\n