Legal Question in Criminal Law in Minnesota

why is it so hard to plead guilty

this man killed my friend-his mom says he is trying to plead guilty but his lawyers wont let him and the judge wouldnt accept the guilty plea.why?he just did this at a bail hearing he just keeps saying he's guilty and he's just ready to accept responsibility.this just happened within the past week.why wont they let him plead guilty up front without all this taxpayer waste.what do you give up by pleading guilty from the beginning


Asked on 4/18/08, 6:25 pm

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: why is it so hard to plead guilty

I am sorry for your loss of your friend.

A court will not accept a guilty plea unless it is made in compliance with the laws. A false or legally flawed guilty plea could be overturned later on appeal or other post-conviction proceeding. Were that to happen, the prosecution's case may deteriorate over time. It would also likely be upsetting to the friends and family of the deceased as well.

Even though people wish for speedy results, most people upon consideration would value a quality result more, and assign that a higher priority. Expediency, while convenient, is not valued as highly as quality justice.

There are historical examples of cases involving people who wanted to plead guilty to a crime, when it later turned out they were not guilty of that crime. Such a miscarraige of justice hurts not only the falsely convicted, but also the future victims of the unknown perpetrator.

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Answered on 4/21/08, 4:53 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: why is it so hard to plead guilty

There is no reason to plead guilty before all eivdence and police reports have been reviewed. Moreover, it is not a good idea to enter a guilty plea unless or until some plea agreement has been reached with the prosecutor. Doing so before any plea negotions occur means all leverage is lost.

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Answered on 4/19/08, 10:27 am


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