Lisa Pelosi: Some judges have bigger hearts than others. The power really in the court system is with the prosecutor’s office. Oftentimes, someone’s history will affect the outcome of the case. Meaning, if someone has a long criminal history, the prosecutor will look at them differently from someone who is a first offender.
As a defense attorney, you have to be very careful to make sure that there’s no assumption on the prosecutor’s side that if someone has a criminal history that that necessarily means they committed the crime they’re being charged with.
Is It Ever Advisable to Just Plead Guilty and Hope for the Best?
Interviewer: What about people that say, “Hey. They caught me. I did it. I think I’m just going to give up. I’m guilty.” What do you say to people that think that?
It Is Far Better to Exercise Your Right to Have an Attorney Examine the Facts of the Case before you Enter a Plea
Lisa Pelosi: I would tell someone who has that attitude that it’s fine if you want to admit your guilt if that’s what you want to do. But before you do that, it’s your constitutional right to make sure that the police did not do anything improperly. Because perhaps they did do something improperly, and they did not play by the fair rules that are set-up for your protection, such as whether or not there was an improper search.
The Prosecution Tends to Overcharge Individuals
I would tell them to let me do the work that I know how to do to see if there are legal reasons why the case should be dismissed and why they shouldn’t quickly admit they’re guilty. Oftentimes, people are over charged, so they might have done one thing wrong, but then their charge was more extensive crimes that they shouldn’t be.
The Attorney’s Role Is to Ensure the Client Does Not Plead to an Inappropriate Charge and Any Sentencing Is Just
It’s not necessarily a matter of admitting guilt. It’s making sure that the process has been followed for the client, making sure the police followed the rules, and making sure they didn’t violate the constitutional rights of someone who’s accused of a crime. The attorney ensures that the client is pleading guilty to the best thing that they can plead guilty to and making sure, more importantly that their sentence is an appropriate sentence.
Obviously, you would work in every way to make sure your client doesn’t go to jail, and so it’s not a simple quick fix for someone to say “I give up. I want to plead guilty.” There’s a lot more that goes into that before as an attorney. A criminal defense attorney would never permit the client to do that.
Do Some Individuals Forego Retaining an Attorney When They Think Their Charge Is Not Serious?
Interviewer: What about people that think, “I’m not being charged with a really serious offense. Maybe I should just plead guilty and get it over with.” Do you think it’s most safe for people to plead guilty to a crime if it’s a really low level crime?
A Conviction for Any Crime, Even Low-Level Ones, Can Adversely Impact Future Opportunities
Lisa Pelosi: It’s a major mistake for people to think that, “It’s not a big deal. I should plead guilty.” Because where someone was at a certain age in life, ten years later, that nothing crime that they plead guilty to will have an adverse effect on them down the road.
Convictions Can Limit Employment Options
For example, if you’re 20-year-old and you plead guilty to shoplifting without getting your due process, 10 years later, you can be applying to go to law school or be applying to get a license for a fiscal position, and you’re going to be prevented and questioned from what you want to do.All because of that case from 10 years ago, or even 15 years ago, or 20 year ago.
What you think might not be important to you today will have a bad effect later in life. I get many calls on a daily basis from people who did just that. They thought they were pleading guilty to something and wouldn’t have a consequence because they said it was just a misdemeanor or was just a violation, when in fact, years later, it did hurt them.
Convictions Can Impact Immigration Status
As I said, I get many calls on that a week. Also, if you have an immigration issue pleading guilty even to an infraction, you need to be really careful.This is because that could also hurt you and have a great effect on your immigration status.
Anytime someone is accused of a crime, it shouldn’t be taken lightly. It’s not a joke. Even if it’s a small thing, it should be taken very seriously, and you should have a good attorney there to help you through the process.
