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July 4, 2008

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Comments

|7.4.08 @ 5:14PM|#

Habitual felon legislation has also had other effects: in my state, prosecutors can seek a habitual offender indictment at their discretion. Since getting that indictment and then convicting on that indictment are pro forma, habitual felon laws fall heaviest on past felons convicted of low level drug felonies. Prosecutors can "sweeten" a plea offer by agreeing to take a habitual felon indictment off the table, making a plea almost irresistible to someone who might otherwise have a fighting chance to avoid conviction altogether.

Given that a decision to try the case might result in a conviction and additional time as a habitual felon, defendants will take a plea even if the search was bad or the, in fact, evidence points to innocence just to avoid the danger of getting an additional 6-8 years.

Heinrick|7.6.08 @ 11:38PM|#

So, you don't really pay your debt.