I understand better why people settle all the time - who can afford to defend himself unless he is risking lifetime in jail ?
I understand better why people settle all the time - who can afford to defend himself unless he is risking lifetime in jail ?
While 100% exploitable by criminals, provisions like Section 11 are there to mitigate actual miscarriages of justice while keeping all parties in honor.
"Being able to settle is something only the guilty SHOULD find relieving."
That said, if you're in court, you're pretty much guilty. It doesn't matter that you've done nothing wrong (no "innocent" plea, remember?); you're in their court, and that means someone has charged you and is demanding payment. "Guilty" means "to pay", according to Black's/Bouvier's. that means that Not Guilty is somewhere you don't want to be (committing a commercial dishonor in their court == contempt).
Just pay the fine (you can pay with securities/commercial paper if you don't want to use cash/cheques), and be done with the matter. Once you've settled, file a motion to expunge with a higher court in order to clear your record.
As the guilty, I guess I find being able to settle pretty relieving. :)
Typical numbers if you're charged with a federal felony are that the statutory limit might be 50 years, if it goes to court and you lose it might be 5-7 years, if you declare guilty it might be 6 months, and the cost of defending (which could wind up with 0 or 5-7 years) is about 1.5 million.
Even if you're in the right, the cost of fighting frequently exceeds what you're capable of, and the risk of fighting may as well. Thus plenty of innocent people are likely to settle.
(Kafka would be proud. But that is reality today in "the land of the free".)
That innocent people currently find it relieving that they are able to settle (and to be clear, they currently do) is a symptom of an unhealthy justice system.
In a just system, the innocent are not afraid to stand up for themselves. With the system we currently have this is not so.
A really good corporate lawyer? Yep. 20-30k per day for the best of the best; plus various thousands of dollars for their assistants.
(Now you know why Gigaco Inc vs Humunco Inc cases can blow out to millions or even tens of millions of dollars).