LOL. Yeah i trust an idiotic greedy usa-ian lawyer like you who are out to charge sky high fees eh. And trust you to say not plea guilty even if you are. What a typical douchebag lawyer.
I could not care less whether or not you hire an attorney. You can represent yourself for all I care. However, if you think the better course of action is to plead guilty without knowing the law and without seeing the evidence against you, then be my guest. I promise you that attorneys will charge you FAR more money to help you get off parole/probation when you pled guilty to a charge that you could not have been convicted for. You'll have nothing but time on your hands to research your "crime" in the law library after you're imprisoned. For example, in the scenario that I provided (public intoxication) if you would have pled guilty to that, then you would been convicted for nothing. You see, it is not illegal to be intoxicated in public. You must be intoxicated to the point of being a danger to yourself or others. Since there was no evidence of being a danger to yourself or others, then there was no crime. You, my friend, would have pled guilty, paid fines, spent time in jail, lost your job, lost your house, and had that mark on your record for the rest of your life. THIS is why you should consult with an attorney. It has nothing to do with making money, but with protecting people from themselves. But sure, I'm the "idiotic greedy" lawyer who is telling you this for free. 🤣
@MatthewHarrisLawPLLC court appointed attorneys have been know to be cheap and even incompetent my guy! They have literally advised their clients to plead guilty even if they are innocent! Like 95% of cases have been decided by a plea deal ffs.
Also, by not pleading guilty immediately, an attorney can negotiate a plea agreement on lesser charges, secure a diversionary agreement, or otherwise reduce the punishment imposed if an offense did in fact occur. That said, I have entered a nolo condere to a municipal offense, after being advised by the presiding judge of the sanctions he would impose. Fighting the charge would have been more costly than the fine and court costs that would be imposed, and I knew I was guilty of that offense. In another municipal case, I entered a not guilty plea, and a key law enforcement witness later became unavailable due to his retirement and relocation. That case was dismissed with prejudice. But, unlike many people, I have had a lot of experience with the legal system at state and federal levels, pored over my own States criminal code, and case law, as well federal. I have so far won every state case against me. The first time because I kept my trap shut refusing to talk to law enforcement. The second and third times are due to my own legal research and convincing my court appointed attorney, who has his own private practice, and a public defender in the third case, of how the law applied to the fact pattern in those cases. My experience with law is that cases often fail on legal technicalities that most laypeople would not be able to identify. So most people should start with a not guilty plea. And find a lawyer who is willing to work with you based on your ability to pay. If you have limited financial resources, every court must provide you a lawyer at Government expense. And, if you have issues with your court appointed attorney, you can usually fire them and get another attorney appointed.
TV shows did and still are doing the same for being bailed. "Kid, your mother bailed you." From Big City Green, with Grandma telling the story of Bill Green first meeting the future mother of Cricket and his sister. And the kid goes home with a disappointed mother. Or the protagonists walk out free, with no trial later down the line. That's how bailing works, it's basically lets you go home, but you still need to attend the trial. It's not canceled because of bail.
This dipshit is setting you up to fail. What you should do is stand silent and not enter a plea at all. That's how you take out the Prosecution and get your case tossed out entirely. Cause you see, in 2019 the Fifth Circuit Court of Appeals ruled it is perfectly legal for the Prosecution to withhold exculpatory evidence prior to a defendant entering a guilty plea. However, per Marbury v Madison the Constitution of the United States is lawful law and not a set of principals. Meaning this -- said ruling from the Fifth Circuit is Unconstitutional as it violates your Constitutional Rights under the Fifth, Sixth, and Fourteenth Amendments so you do not incriminate yourself, see all the evidence against you, face your actual accuser in court, and etc. -- Otherwise known as your rights to Due Process. This is PROSECUTORIAL MISCONDUCT which AUTOMATICALLY triggers a MISTRIAL. Here's what they don't want you to know -- in a criminal court "The State" or "The People" cannot legally represent a plaintiff. They are a corporate entity and not allowed to legally practice law. The person - the man or woman - accusing you of the crime must be the one to file. Know your rights and don't listen to these clowns who are in it for the money instead of true freedom and justice.
@@keres993 I don’t think that’s likely true in any case. These shows are written by people who likely have no idea how court rooms work and just need a nice moral to teach kids about how it’s good to tell the truth. It really isn’t deeper than that.
I was pretty young and got pulled over with too many people in my car. Turns out one of them had a half full bottle of rum on them that they decided to shove in between the back seats. The cops find it and issue me a ticket for open inbox and failure to yield. Fast forward to court and the DA tells me she'll drop the failure to yield if I plead guilty to open intox. I told her it wasn't mine, she said it didn't matter because I was in control of the vehicle. So I did. The judge asked why I was driving with open intox and I told him I was unaware of it being there. Judge decided to change my plea for me and I went home with no charges because they were unable to produce a police report. Never admit guilt.
The problem there is the US' really perverse incentive system for the judicial arm, and some really ridiculous laws (like just being in a car with an open container... Wtf?) Also it is ridiculous how much they try to make plea deals in the US as well... Frankly should be illegal... You shouldn't bargain with people's freedom and records...
@@KidArkx no. Especially not in a limo. They have a separate license. But not even for regular vehicles. That's why the magistrate put in a not guilty pleasure for me and sent me to see a judge.
I agree with everything he is saying! Cop told me decades ago to always plead not guilty! Where I disagree with the justice system is you are "presumed" to be innocent until proven guilty! You are arrested and booked and jailed and your name is read out to the public over the radio the next day. Then when you go to court and are found innocent you have to pay to have your record expunged! How can that be a presumption of innocence? The radio should announce you were found innocent and your record should be expunged and your fingerprints should be shredded! Then you should be paid for any time in the slammer! Then I would say that is presumed innocent! The system is corrupt!
The system is ABSOLUTELY corrupt and FAR from what the Founding Father's put in place. The judges profit from cases and funds go in to slush accounts for their retirement. The prison system and those who run it also profit from warehousing people.
I agree, it's supposed to be innocent unless proven guilty, but the way things end up is it's guilty unless proven innocent and you're on your own to clean up the defamation of the charges.
If You're not convicted, any record of arrest should automatically be expunged in every state. I was arrested 16 years ago in Florida. The case was dropped and I never even had to appear before a Judge, However, the arrest is still on my permanent record. I petitioned the Court to expunge the arrest and I am still waiting.
@@seveglider8406 A lot of people don't realize that simply being arrested can prevent you from getting a job or housing regardless if you were convicted of anything.
@@The_Wailing_Doom That can always happen if you are alive. Also if you lock yourself into your room for a misunderstanding. But generally, if you are a living being, you have to do something to sustain yourself. Action is mandatory, not optional in life. Nowadays we work for that, but you still have to go out and meet other people. And then things can happen. If you want it or not.
@@ArthurKhazbs It's not about personal interpretation. The word means what it means. What good is language if we can just define words however we see fit, whenever we see fit?
@@darkprinc979 In programming, a "while" loop will continue running *until* its condition becomes false (or is explicitly told to break out of the loop). But ask any programmer if they've ever accidentally written a loop that never terminates, and they'll certainly tell you they have. "Until" doesn't strictly imply inevitability; it's merely a condition which may or may not eventually be met.
From personal experience it is guilty until proven innocent. Playing not guilty just allows you to negotiate a lower sentence whether you did it or not. It's about the money.
Have court soon for 2 counts of felony theft 2nd degree from my ex place of employment that i 100% DID NOT DO. I am terrified i am going to be found guilty based off of the lies from my previous employers and have been researching EVERYTHING. i am SO glad i came across your videos!
You can know that any "charges" filed are not filed under oath by one authorized to administer oaths. We have had cases dismissed for failure to prosecute due to this.
so always always always plead innocent at the beginning of the court for your issue because as my boss found out when he chose to do that over pleading guilty on speeding because he won simply by showing up for court to plead innocent because he won simply by showing up to court and yes I am serious he won just by doing that nothing else
@@raven4k998 This story sounds really cool, but the story is overshadowed by the lack of punctuation 😅 also, you said because 3 times in the same sentence, and the last time, you just repeated what you said after the previous "because" So always, always, ALWAYS plead innocent at the beginning of court for your issue. As my boss found out- etc OR So always, always, ALWAYS plead innocent at the beginning of court for your issue because, as my boss found out- etc It seems like (I just noticed this) you used "because" in the place of punctuation, so a little tip. You can use commas, to indicate a brief pause, to take a breath (imagine you were speaking), or when you're listing things. Another way I like to use it, and you don't have to do this all the time, is to use commas to enclose something that the sentence would be fine, without the existence of, but you just wanna add it in there (almost like an alternative to parenthesis). For example, that "and you don't have to do this all the time" is technically unnecessary. You could skip over it, and the sentence would still make sense. "Another way I like to use it, is to use commas to enclose something that the sentence would be fine, without." Anyways, I'm no grammar expert, but the way I find is most effective, is to say the sentence in my head, and whenever I pause, or want to seperate something in my head, I place a comma there. Next thing I need to learn is when to use periods instead of commas though, because I sometimes feel like I make REALLY looong sentences because I use a bunch of commas, instead of seperating thoughts with periods 😅 Ohhh also, I like to use emojis or "lol, lmao, xD, etc", instead of periods sometimes, and it seems to work. Hope this unsolicited advice helps, or at the very least, doesn't annoy you to death 😂🥰
When he turns 18 hope you tell him to just say call his lawyer even if that phone number is yours because I’m tired of seeing grown as men being arrested telling the cops to call mommy/daddy
@@jameskelly945I find it funny that you consider an 18 year old to be "a grown ass man" If your kid ends up arrested for something, let them call you. Doesn't matter what age they are, they're still your kid and they're asking one of the people they know best for help.
Well you better tell him to not conceal his identity and show ID when ask at least since concealing identity is a charge that can easily lead to arrest
Just watched a documentary about 2 guys who got felony murder charges because they were at the scene when someone was shot and killed. One pled guilty and one didn’t. Through appeals it was decided the situation didn’t equal felony murder. The guy who pled not guilty was released…the guy who pled guilty is doing serious time with no options because he already pled guilty.
He said he was faking it to scare the guy. Realistically, after you talk to a lawyer, they give you a gamble between pleading guilty and getting a smaller punishment, and pleading not guilty and getting away with it if you win or getting the max punishment if you lose (or a punishment at all if you didn't do it).
@@Fircasice because you're supposed to defend yourself to have a justice system of peers and not benevolent overlords punishing the wicked lowly peons. A justice system is born out of conflict It's the same as when 90% of people support the ruler in a democracy, that's not a democracy
Exactly. I run my schools Dean's office differently. I expect you to admit guilt and come clean, then discuss ways we could've handled the situation better, come up with a restorative practice, give a lesser consequence, and set a follow-up date. I don't see many repeaters.
I’m glad the judge let him change his plea. In a different country I was recently cleared by the persecutor office of some serious crimes I didn’t do after nearly half a year. Most importantly don’t say shit during your interview
Wow! That had to be pretty terrifying to go through, especially in a foreign country. Not that it would have applied in your situation, but we actually have a video coming out soon about how you actually don't have the right to remain silent in the U.S.
@@MatthewHarrisLawPLLC I’m a grad student at UCL ironically studying crime science and this situation is why I applied to and was very swiftly accepted to a law masters at kings college London to fulfil the educational requirements to become a qualified solicitor applying for training contracts now. I wasn’t certain if I wanted to become a lawyer. I’m American and studied as many law classes as I could where I finished my undergrad which also has a 2 year JDs for foreign law degree holders. But as an American who’ve dealt with being falsely arrested in the UK and the US, you do have far more rights in America, that Americans should not take for granted. UK was recently downgraded in civil freedoms rankings now below the US, because of the police and government. For what I was falsely arrested if I wouldn’t had been deprived of my cellphone and computers for 6 months, although the search must’ve been finished by the time it went to the prosecutor, I had discovered my university wouldn’t cooperate with police in giving them contact info on me after making me move, and also trying to illegally bill me twice the rent when it’s against their own rules and regulations. There’s someone in administration who really hates me it took legal threats to get this finally resolved, and he was not happy of the outcome of my case so I was only notified of being cleared after filing a complaint against my arresting officers which had provided my email to the police, and when they responded to my complaint they contacted me to my case officer who explained how they’ve been trying to get in contact with me, they had been in contact with my university as they couldn’t contact me. I was explicitly told they police would have my new address since my university took action against me without giving me due process. Unfortunately I was cleared 10 days before my assessments. It would’ve been real nice to have had that load lifted off my shoulders at that time.
@@MatthewHarrisLawPLLC Thank the supreme court for that ). Honestly It really contradicts ones miranda rights and 5th amendment rights depending on the case by case situation . Civil and constitutional Rights are being eroded in America every year and not for the better for citizens.
I've had a judge refuse my guilty plea and enter a not guilty on behalf until I actually had an attorney two weeks later as the first one refused to take my case
@@shure81because a not guilty plea preserves the rights of the accused. A not guilty plea can easily become a guilty plea later on after the accused has spoken to a lawyer
@@kingofgrim4761 I'm not an attorney but as I understand it judges have a ton of discretion on how they run their courtroom and what they allow and don't allow.
Idk. When I was arrested I talked to the States Attorney before the court date. We made a deal that if I plead guilty I’d be placed in a diversion program. I did that and my case was dropped and now I have no criminal record
Pleading innocent and plea agreement is different. A plea agreement is you admitting to something lesser than what they could prove in totality. Usually if you know or feel that they have enough evidence to get you the maximum amount of time in a trial, then you’ll enter a plea agreement. Now if you plead guilty without an agreement on the table, at that point they can do whatever with you because you admitted you did the crime so they don’t have to present evidence or go to trial (not sure if it still can go to trial) I’m sure they can just keep straight to sentencing.
Thank you! I really do appreciate the kind words and I most certainly appreciate your viewership. I'll work hard to earn your subscription with every video. 😁
This dipshit is setting you up to fail. What you should do is stand silent and not enter a plea at all. That's how you take out the Prosecution and get your case tossed out entirely. Cause you see, in 2019 the Fifth Circuit Court of Appeals ruled it is perfectly legal for the Prosecution to withhold exculpatory evidence prior to a defendant entering a guilty plea. However, per Marbury v Madison the Constitution of the United States is lawful law and not a set of principals. Meaning this -- said ruling from the Fifth Circuit is Unconstitutional as it violates your Constitutional Rights under the Fifth, Sixth, and Fourteenth Amendments so you do not incriminate yourself, see all the evidence against you, face your actual accuser in court, and etc. -- Otherwise known as your rights to Due Process. This is PROSECUTORIAL MISCONDUCT which AUTOMATICALLY triggers a MISTRIAL. Here's what they don't want you to know -- in a criminal court "The State" or "The People" cannot legally represent a plaintiff. They are a corporate entity and not allowed to legally practice law. The person - the man or woman - accusing you of the crime must be the one to file. Know your rights and don't listen to these clowns who are in it for the money instead of true freedom and justice.
In Sweden the court still have to prove that you are guilty even if you say that you are. The reason why is because you might be innocent to the crime even if you belive you are. Also, they don't ask you to plead guilty before you have seen the evidence. There is no wonder why there are so many Americans in prison
I think this video could have really benefitted from explaining what an arraignment is A lot of people are going to remember this video as "never plead guilty under any circumstances, or at any point in the process". But I'm pretty sure it's really talking about a specific situation, right at the start of the process, when you haven't seen a lawyer yet And yeah, I'd say that was fairly clear, except it seems to assume that I know what an arraignment is, and where it happens in the process. It treats that stuff as a clear, well-understood and already-established fact, without taking the time to actually establish it Some of us didn't understand that stuff up front, and that makes it a lot easier to get mixed up
Ah, this is my forever struggle. There is SO much more information that I want to include in each video, but I have to make cuts just for the sake of time. This is a fantastic idea for a future video though. Thanks!
This is good advice. I also want to add that if you are being sued for a civil matter like credit card debt, I’ve found it is best to deny some or all the allegations when you answer the complaint. I’ve been sued for credit card debt in the past and beat a couple of the lawsuits pro se by doing this starting off. As the video states, plead not guilty in a criminal case. In a civil suit, deny the allegations in the complaint. Make the plaintiff prove their case!
Now they skirt around due process by deceiving people in to being a "defendant" and agreeing to the court's rules when the person charged never needed to.
This dipshit is setting you up to fail. What you should do is stand silent and not enter a plea at all. That's how you take out the Prosecution and get your case tossed out entirely. Cause you see, in 2019 the Fifth Circuit Court of Appeals ruled it is perfectly legal for the Prosecution to withhold exculpatory evidence prior to a defendant entering a guilty plea. However, per Marbury v Madison the Constitution of the United States is lawful law and not a set of principals. Meaning this -- said ruling from the Fifth Circuit is Unconstitutional as it violates your Constitutional Rights under the Fifth, Sixth, and Fourteenth Amendments so you do not incriminate yourself, see all the evidence against you, face your actual accuser in court, and etc. -- Otherwise known as your rights to Due Process. This is PROSECUTORIAL MISCONDUCT which AUTOMATICALLY triggers a MISTRIAL. Here's what they don't want you to know -- in a criminal court "The State" or "The People" cannot legally represent a plaintiff. They are a corporate entity and not allowed to legally practice law. The person - the man or woman - accusing you of the crime must be the one to file. Know your rights and don't listen to these clowns who are in it for the money instead of true freedom and justice.
@@freegee3503the court's rules are about keeping the trial orderly and fair. The problem with a guilty plea is that you're essentially admitting to the court that the facts are true and that you don't need to face your accuser. Because of this it removes your ability to appeal most issues with your trial. Under limited circumstances you may be permitted a conditional guilty plea in order to preserve your right to appeal on a specific issue.
@@Retroist2024 That is what they would have the people believe but the system operates on commercial law and if one applies it properly, granting the court jurisdiction can be avoided and also having to follow the court's rules. 👍
Thank you. I always telling my friends two things never plead guilty because even if guilty it isn't in your best interest, and two hire a lawyer public Defenders are overloaded with cases so a lot of them convince you to plead guilty for a reduced sentence. My brother DUI would have not his first time but he stopped drinking now. He would have seen jail but instead was just ordered to move home under our supervision because hired a lawyer who focused on his case.
The interpretation suggesting that the phrase "innocent until proven guilty" assumes eventual guilt is incorrect. The use of "until" in this context does not predict or assume that guilt will be proven; rather, it establishes the condition under which a person’s status could legally change from presumed innocent to guilty.
Yeah, but I still do like the word “unless” more. “Until” can still have the connotation that one will eventually be found guilty, “unless” leaves less to the imagination, I guess
@@WBRI_Brianless Yes, I think using unless would be more correct. They may have just gone with the word until because then the sentence flows off the tongue better.
It's a reminder to the people on the prosecuting side that these people aren't guilty. It's more of a don't count your chickens until they hatch thing.
@@WBRI_BrianlessI believe the point of the saying with until refers to how you are not guilty before that point of being proven guilty beyond doubt in a court of law. I always took it to mean that you should treat all defendants or those accused of a crime as innocent no matter how open and shut the evidence is, because it doesn't count before the verdict is declared one way or the other. That's how I've seen it used, referring to the process of how someone is treated and their rights. That's what presumption of innocence is, hence the word presumption, "pre" -before, the starting point. Unless doesn't have that connotation imo, though it still covers the burden of proof part of the meaning
Lol, no, he is one of the dumbest. This dipshit is setting you up to fail. What you should do is stand silent and not enter a plea at all. That's how you take out the Prosecution and get your case tossed out entirely. Cause you see, in 2019 the Fifth Circuit Court of Appeals ruled it is perfectly legal for the Prosecution to withhold exculpatory evidence prior to a defendant entering a guilty plea. However, per Marbury v Madison the Constitution of the United States is lawful law and not a set of principals. Meaning this -- said ruling from the Fifth Circuit is Unconstitutional as it violates your Constitutional Rights under the Fifth, Sixth, and Fourteenth Amendments so you do not incriminate yourself, see all the evidence against you, face your actual accuser in court, and etc. -- Otherwise known as your rights to Due Process. This is PROSECUTORIAL MISCONDUCT which AUTOMATICALLY triggers a MISTRIAL. Here's what they don't want you to know -- in a criminal court "The State" or "The People" cannot legally represent a plaintiff. They are a corporate entity and not allowed to legally practice law. The person - the man or woman - accusing you of the crime must be the one to file. Know your rights and don't listen to these clowns who are in it for the money instead of true freedom and justice. I DIDN'T EVEN GO TO LAW SCHOOL OR GET A BAR CARD AND I KNOW THE LAW BETTER THAN HE DOES.
There's a piece of dialogue from Little Britain. "What's the one where you done it?" "Guilty." "What's the one where you done it, but you don't want anyone to find out?" "... not guilty."
Wow this was insightful ...I always thought pleading guilty means the person gets a guaranteed lesser than max sentence and saying not guilty and being proven guilty gets the max sentence.
That would only apply if you have a plea deal - and it' sa good idea to accept one if you (or lawyer) knows the evidence against you is overwhelming and odds are not in your favour - prosecutors want it over with and don't want a lengthy trial, they have so many cases anyway. So there are times when you don't want to accept one and times where it's your best choice. If you have a good defense lawyer, he/she should know best.
In St. Louis if you get locked up at county they tell you when you see the judge plead not guilty and if you can't afford an attorney one will be appointed for you. So I totally agree. It's just the beginning of the process with more court dates to come.
I was in traffic court where Judge Hoover addressed the court at the start of the session, "Everybody in my court pleads guilty." I plead not guilty. Judge Hoover exploded with anger, telling me "You're guilty. save everybody trouble and plead guilty." I asked him if he forbid me to plead not guilty at my arraignment. He said "No, plead not guilty if you really want your punishment to be harsh." I beat that charge in Superior court.
If you plead not guilty, that's more billable hours for your attorney. They will usually only advise that you plead guilty after reviewing the evidence and deciding you have no chance of escaping conviction, so you should take a plea deal or something. In capital cases, it's pretty common for people to plead guilty to avoid the death penalty.
Not at all. Presumption of innocence is very deeply engrained in British and American law. A "not guilty" plea is the best choice unless you are getting competent counsel.
It's just a play with words - judge is not asking "Did you do it ?" he's asking what do you plead. It's more of a "yyyyyyyyyyyyeah I did it but I want a full trial and see what my options are, I wanna roll the dice and let the state do its job, and see if I can get away with it or a lesser sentence" VS. "I plead guilty, I don't want to no trial send me to jail for the rest of my life, I don't care about my options" :P Well the rest of my life is a bit extreme, but yeah, if you plead guilty, you get the full sentence allowed by law, it's done deal, not guilty is letting the system prove your guilt with evidence, it's their job. though if you are a killer and have a guilty conscience and want to go to jail and do your full sentence, that's another thing, BUT STILL, if you plead not guilty and used your 5th with cops and interviews, and there is not enough evidence, you may actually get away with it, but that still makes you an arsehole though if you truly did it :P
You are correct, I've worked in LE with the courts for over 25 years. It's amazing how many people have asked to be guilty at their arrangements and the judge had to admonish them. The only rime you plead guilty is if a plea deal has been worked out and you're not going to a jury trial.
@@MatthewHarrisLawPLLC there is a distinction btwn guilty 'in a court of law' and 'police investigation'. if you are a 'suspect' you are guilty until it is proven to POLICE that you are not guilty. this is why, without a conviction, you are held against your will in custody in jail. innocent until PROVEN guilty IN A COURT OF LAW. police are there to ENFORCE law not prove you are NOT GUILTY
A long time ago I was at my first quarter appearance for a theft charge. I didn’t want the case to carry on and have to come back six months to a year to deal with it so I thought let me just plead guilty so I did. The judge said you probably shouldn’t do that, I told him I was guilty and wanted to take accountability for it and he again said this is not the time to do that. I told him one last time I plead guilty. He then asked me why shouldn’t I send you away for a really long time? I told him that I had a drug problem and I needed help. He ended up sentencing me to 21 days in the county so it actually kind of worked out for me because I did my 21 days got out and did not have to worry about probation or parole or any other crap. But I would not recommend it and if I had to do it over again I would have pled not guilty
When was that in the 1800's ? :P We are in 2024, times have changed..........Depending on the actual case and crime, some judges might actually be happy you did plead guilty, but they won't say it out loud.
In Victoria, Australia, pleading guilty to an offence means that the judge/magisgrate has to provide a discount when sentencing, which means that you won't receive the maximum sentence. If you plead not guilty, you can change your plea at any time as the matter progresses through court, but the discount becomes less substantial over time. I can't recall how this discount is calculated, but I know that it does give people an incentive to plead guilty and free up court space for other cases.
Australian courts are messed up, providing a discount on sentencing to plead guilty early means you do not get a fair trial and coersion. It's only worth it if you are offered and guaranteed a section 10 non-conviction which is extremely hard to get.
Wish I knew this before I hired an incompetent lawyer that talked me into signing a plea deal. None the less his license got pulled from the bar for ripping off other customers as well.
@@user-uq9oe7sc5m repentance is one of the pillars of christianity, they print "in god we trus" on dollar bills but recommend you to always plead not guilty in court - that has nothing to do with being stupid or many, it's hypocrisy
@@joe5923 You should watch the video again. It's not dishonest as it's not a question of if you did it or not, it's a question of if the state can prove you guilty or not. Pleading not guilty is not the same as pleading innocent. If you want to "take your deserved punishment like a man" you take a plea deal that you work out with the prosecutor.
This happened to my dad recently. He was caught driving without insurance (he accidentally left it at home). At the court, he decided to plead guilty, since he thought it wasn't such a big deal, and he would probably just get a small fine and didn't want to waste judges time. The judge threw the book at him. He was given a 400 dollar fine, and 1 year probation, that if he violates he'll have to go to jail for 30 days. Completely insane compared to the guy who came in before. That guy forcibly broke into someone's car and stole it, and was drunk too, and ended up driving into a light pole, totalling the car and destroying the light pole. His only punishment was like 100 hours of community service. Completely insane... my dad can't even get a job right now because he's on some criminal registry, all for driving around the block with no insurance. I feel he should try to appeal under the 8th amendment, because this certainly seems excessive to the point of being cruel
When one is charged with a felony and asked to take a behavioral test and the case will be dismissed. I will like to Know if the person is pleading guilty by taking the text. Thanks
Sooo what this just did was give somebody somewhere more faith, hope, and wisdom as he/she stare in the face of what feels like an impossible situation to outlive. Bless you for that.❤🙏🏾💪🏽😊
Thank you for this, you don’t know how this explanation has help. Always brought up to admit my mistakes I’d be the one pleading guilty without consulting legal advice.
Well it's my pleasure to educate and help. 😊 Most honest people are brought up the same way, but the criminal justice system isn't designed for honest people.
I know (by getting arrested) that some smaller towns have a "city attorney" that will automatically enter a "not guilty" plea on your behalf, as well as explain the charges against you AND the court process, should you have questions.
Thank you for the video! I got arrested when I was 15 and I’m going to trial court in April. Now I know more stuff about how the court works and how pleading works. Thank you. I am prepared now. This video taught me a lot. I now know more about my case
The whole idea of plea bargaining really undermines this. Regardless of actual guilt or innocence, a defendant may feel pressure to plea guilty to minimise the risk of a more severe penalty as courts don't always get it right.
That's true but plea bargaining at least involves your defense attorney and involves some concessions from the prosecutor. It's a lot better than just pleading guilty.
Like the Central Park Jogger case. They were innocent, but took the plea deal because they are black and faced life in prison instead of several years.
Great question! (and great movie) He later pled guilty as part of a plea deal, but not at his initial arraignment. That's why he didn't get a LOT more time. lol
Definitely Not Guilty. Nolo Contendre (no contest) allows the Judge to immediately punish you as though you had pled guilty. Remember, at this stage (arraignment) you haven't yet seen any of the evidence against you and you also likely haven't had a chance to consult with an attorney yet.
What people fail to realize is you absolutely 100% get more mercy from a judge if you plead guilty vs not guilty. Judges are emotional, and you see them punish people who string the court along for months when they’re obviously on tape doing what they are accused of. It’s different if you genuinely didn’t do it or believe one of the charges are wrong. But if you’re accused of drunk driving, and you’re on film, failing the test, admitting your drunk and a blood test proves you were, you are not getting any mercy by going the not guilty route in hopes that the police maybe did something wrong to dismiss the case. It is very rare it gets dismissed and your lawyer would advise you beforehand otherwise
CONSTITUTIONAL LAW 101 - DUE PROCESS What is “Due Process”? TO: all County Sheriffs and all U.S. Marshals FROM: cc: all Federal and State elected and appointed servants RE: Your Duty to know and enforce the Law DUE PROCESS: “No person shall... be deprived of life, liberty, or property without ‘due process of law’; [5th Amendment] a similar provision exists in all the state constitutions; the phrases ‘due course of law’ and the ‘law of the land’ are sometimes used; but, all three of these phrases have the same meaning; and, that applies conformity with the ancient and customary laws of the English people or laws indicated by parliament...” Davidson v. New Orleans 96 U.S. 97, 24, L Ed 616. “‘Due course of law’ is a phrase synonymous with ‘due process of law’ or ‘law of the land’ and means law in its regular course of administration through courts of justice.” Kansas Pac. Ry. Co. v. Dunmeyer 19 KAN 542. JUSTICE: “In the most extensive sense of the word, it differs little from virtue for it includes within itself the whole circle of virtues; justice, being in itself a part of virtue, is confined to things simply good or evil.” Bouvier's. AT LAW: “This phrase is used to point out that a thing is to be done according to the course of the common law; it is distinguished from a proceeding in equity [under statutes].” Blacks 4th . COURT OF LAW: “...a court proceeding according to the course of the common law and governed by its rules and principles as contrasted with a ‘court of equity’ [statutory court].” Blacks 4th . “Law in its regular course of administration through courts of justice is due process.” Leeper v. Texas, 139, U.S. 462, II SUP CT. 577, 35 L ED 225. “It is not a little remarkable that... this provision [due process] has been in the Constitution for the United States’ 5th Amendment as a restraint upon authority.” Lent v. Tillson 140, U.S. 316,10SUP. Ct. 324, 33 L. ED 722. “Due process of law and the equal protection of the laws are secured if the laws operate on all alike and do not subject the individual to an arbitrary exercise of the powers of government.” Duncan v. Missouri, 152, U.S. 382,14 SUP. CT. 570, 38 L. ED. 485. “The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law; but, is wholly void and ineffective for any purpose since its unconstitutionality dates from the time of its enactment... In legal contemplation, it is as inoperative as if it had never been passed... Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no right, creates no office, bestows no power or authority on anyone, affords no protection and justifies no acts performed under it... A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing law. Indeed insofar as a statute runs counter to the fundamental law of the land, the Constitution, it is superseded thereby. No one is bound to obey an unconstitutional law and no courts are bound to enforce it.” Bonnett v. Vallier, 116 N.W. 885, 136 Wis. 193 (1908); Norton v. Shelby County, 118 U.S. 425 (1886). CONCLUSION: All rights are protected by due process which is the restraint upon government. It is the duty of the Sheriff & U.S. Marshal to make sure due process is met before incarceration; and, to recognize when it is not. All village, town and city courts which proceed according to statutues are not common law Constitutional courts. Any State or Federal Court proceeding upon statutes instead of Law are acting under the color of law; and, all officers in such courts are acting in concert and are guilty of felony conspiracy. It is the duty of the Constitutional Law Enforcement Officer, a/k/a Sheriff or U.S. Marshal, to arrest the officers acting under color of law; and, to seek an indictment. Failure to do so is felony rescue.
My girl went 65mph in a 25 residential neighborhood (we just came from bowling and we’re late to meeting friends at the movies) and she’s flying down the road when we see lights come on in the rear view. If we would’ve plead guilty she would’ve had her license suspended for 6 months and an 800 dollar fine. We pleaded not guilty and it went reckless driving to careless driving so she only had to pay a 600 dollar fine and not get her license suspended. TL;DR: GIRLFRIEND SPED AND GOT PULLED OVER, PLED NOT GUILTY = LIGHTER PUNISHMENT.
She definitely shouldn't have been going that fast, but I'm sure that the careless driving punishment and fine taught her the same valuable lesson as a reckless driving with license suspension would have.
Pleading No Contest is pretty much like pleading Guilty. The only difference is that your conviction can't then be used against you in a civil suit arising out of the criminal conduct. We actually have a video about this coming out next Thursday!
And the law requires you to be given the highest sentence as well if you plead guilty. The case is settled, you no longer have attorney representation even if you have one
You are too kind! I'm just one man trying to educate as many as I can because an educated society is a free society. Be sure to share this knowledge with those in your circle. Thank you!
I actually learned this from a historical source written by a priest in Tudor England. He was discussing whether it was a lie to deny knowledge of the whereabouts of undercover Catholic priests to the agents of the government, and used the Not Guilty plea not being considered a lie as an example.
I think it's funny how some people will be shocked when a murderer pleads not guilty. Dude, just because someone was arrested doesn't mean they are guilty.
Everyone talking about plea deals, look up what the word 'arraignment' means. The plea deals are offered at a later court date as far as I know. I'm not a lawyer but I am pretty certain of this, so correct me if I'm wrong.
Oh I'm so sorry. I'm not licensed in VA so I'm not sure if crimes over 20 years would disqualify you from 1st Offender status. I'd recommend speaking with a local attorney to help guide you through this.
Woah, that seems really harsh for someone who admitted to fault, and didn't try to get out of consequences. I feel like that deserves at least an ounce of lenience and appriciation from the judge.
The way I see it, if I'm accused of a crime, if I did it, the state still has to prove I did it. I'm not gonna give them a freebee, I'm gonna make them work to convict me if they can.
@@randolphdukes5383 There is a limit at which you can be sentenced. That said if it's a felony charge you are convicted of your life is basically over regardless of how long your served in prison. That felony charge will hang over you for a lifetime, fighting against it is your only chance to stay a free man.
I have to go to court in Modesto for resisting lawful command. Resisting lawful command was issued as resisting arrest misdemeanor 1. I didn't know the law at the time and want to plead not guity. I didn't know i could go to jail and was at the time not thinking clearly. What do i do? I have no money for an attorney
This is sick, people's lives shouldn't be played with . Most time ,you then go to court over and over until u get the offer of a plea,, a plea of guilt. Or go in front of a jury, were in most cases found guilty with long years in prison. It's on real nightmare for both sides.
The other reason not to plead guilty is because the closer you get to trial, the better the plea deal you’ll be offered I’ve seen an 8 month incarceration plea as a felony drop to a misdemeanor with 1 year probation and $500 fine
Like you said… “pleading not guilty, even if you know you broke the law”. Making the courts prove your guilt shows one Important fact, telling people they shouldn’t plead guilty even if they Are guilty does at least two things: 1. It encourages people to lie. 2. It’s a waste of tax money to try people who don’t have the honor and integrity to admit their unlawful acts. I thought America “was the home off the brave”. Well there’s Nothing “brave” about committing a crime and not having the guts to admit it. If people were sufficiently honest and honorable they should have the personal courage to admit their crime(s). And as a society we should be holding people to a standard that is to the benefit of civil society. Millions of $$$$$ of tax funds could be better utilized that trying to get people to admit their crimes. I have NO respect for criminals who like being abhorrent and lawless and then can’t muster the courage to admit what they did. Tough guys like to think they’re above the law. But get the bad guys in court and even though the evidence can be overwhelming, the defendant doesn’t have the guts to admit they did something. They’re Not So Tough because they’re unwilling to accept the consequences of their behavior. This attorney is encouraging people to lie. I would think that for an attorney to do so being if not illegal it should be at least unethical.
Quite the opposite in LA County courtrooms for minor track infractions. The bailiff actively encourages people to plead guilty or no contest by using the allure of reduced fines as an incentive to do so. That is a trick. If you plead not guilty and an officer fails to prove your guilt then the case is dismissed and no fines are paid. You do run the risk of the cop showing up and proving your guilt but there is also a chance the cop doesn’t show up which automatically results in the case being dismissed.
what he said in a nutshell= the judge wants lawyers to get paid so he wants multiple court dates and lawyers. he used to be a lawyer too after all and we gotta keep this scam going.
Many years ago, I heard what I'm told was a true story. The judge said to a young man, "Are you the defendant?" The young man replied, "No, your honor. I'm the one what done it."
Oh, I don't know. There seem to be a number of people in these comments who are intent on pleading guilty on Day 1 under the illusion that it will get them less time. 🤣
@@MatthewHarrisLawPLLC give me examples of people who have been convicted after pleading not guilty and were given as light of a sentence as someone who pleaded guilty
You could spend an hour explaining this topic. At the end of the hour, stating that you possess no guilt to a crime that you did commit is lying. This system is so flawed that it actually requires one to lie in order to maintain the system. This very thing happened to me when I was much younger. When the judge asked me "how do you plead" during my arraignment, I stated "guilty as charged your honor". He told me that I could not plead guilty in his court and that he would not accept my plea of guilty at this time. This is a corrupt practice. You cannot expect honesty then force someone to lie on their own behalf. Lying is lying lawyer. They need to start teaching that in law school. The question "how do you plead" should be changed into a more honest question instead of a tool to be used to further smear a suspect into media sludge. If you do not accept an honest answer, it is not an honest question.
I think the main point here is it is wise to not plead guilty, consult an attorney and review the case against one before deciding on a plea at Arraignment. I must share that after that the US legal system is such that if one actually asserts one's rights to go to trial, I notice the Judges give defendants harsher punishment. To me, that really sucks because one should not be penalized for going to trial. Why they call it "Arraignment"?
I don't know the origins of the word Arraign, but that is just the term assigned to that specific hearing. I've never known Judges to assign harsher punishments after a trial versus pleading guilty. Pleading guilty with no plea agreement is called an Open Plea, which means you place yourself at the mercy of the Court for sentencing.
@@MatthewHarrisLawPLLC I have known them to almost always doing that. It is almost shocking if you never had that experience even as a lawyer. It is common in all states. Like someone else had commented here, the Judges do not like them wasting the legal system's resources but then it is everyone's right to go to trial. You may check court stats to have a reliable way to know this whether those who took plea bargains by pleading guilty got lighter punishments compared to those who went to trial and lost. So your clients did not get harsher sentences when they went to trial and lost? Did they always get wonderful lighter sentences after trial as they were offered pretrial as a plea deal?
What if it's for something like a traffic offense or something you got caught up in with your friends but at the same time, you also have strong moral/spiritual convictions and believe in doing your best to tell the truth and not lie?
@@dragonf1092 actually it's not unconstitutional, because there is historical evidence of people being held in a cell until verdict is reached during and after the signing of the amendment. The reason people are normally held is because they may be a flight risk. Also most of what you cited has nothing to with being held in jail.
@@Master_Yoda1990 only because they had a legal lawful warrant from a judge to arrest them,and they were not in said cell very long because they were brought before a judge and jury and publicly tried.
How so? If you are not going to bother with getting an attorney and working out a plea deal with the prosecutor or make your case for either being innocent or the mitigating circumstances there might be to a jury for a reduced sentence, why should the judge do the work of trying to figure out what sentence you deserve? You are giving them nothing at best, and at worst come across as either not caring or trying to play them with the guilty plea.
@@RandomCarrot2806 It is (or at least should be) the Judge's job to figure out what happens and give a fair sentence. A plea of guilty is just a "Yeah, I screwed up, let's get this over with".
@@1Maklak And a max sentence is a fair one if the defendant can't even be bothered with the process. An attitude of "lets get this over with" doesn't exactly scream remorse, nor rehabilitation. Also, it's not the judge's job to figure out what happens or give a fair sentence, it's their job to apply the law and make both sides play by the rules of the court.
So if known to be guilty, would the point of pleading not guilty also be to possibly reduce the sentence based on situational factors you might not have considered that would have reduced your level of guilt?
My father pleaded not guilty when he was not guilty to a crime he did not commit. He has not committed a crime in over 10 years (keep in mind he never committed this offense and was setup by ex criminals. no not drug related). He was also a past offender of other crimes in his past. This was in CA where the 3 strike rule is in place.. But because of CA 3 strike rule if you ever got committed for a serous crime you will be imprisoned for life because of the the 3rd strike. In this case they used his past convictions against him. Even when not guilty of such crime without any type of evidence. He was given a plea offer that he refused because he believed in the justice system and still lost and now he has to face life in prison vs a 10 years plea deal . I haven't seen him in almost 20+ years but we still talk on the regular. TLDR: If you committed crimes in the past take the plea , it might help you out better. Especially if you committed felonies in the past.
Oh man, that's terrible! I'm sorry for the struggle and strife your family has had to endure. I also have faith in our justice system, but it doesn't get it right 100% of the time. Personally, I think 99 guilty should go free to avoid convicting even 1 innocent person.
Investigate. Research. compile. Spend and couple hours with a lawyer or Innocence project. Go over the statutes and cases. Find the faults in your dad's case. Follow them. Expand on them, Then, state the law, then compare the facts. At that stage get it RECHECKED by a lawyer. File a proper appeal.
@@Freedom4PalestineEndZioNazism unfortunately 3 strike law in CA is way more difficult. Also he committed the act it was no crime. I would have to record the "victim" as she lied on him.
@@Stylenwavin You have to sit down and go through the laws that cover procedure. Be your own lawyer. As for getting evidence, confessions are one way, but circumstantial, even later behaviours, can be reasonable evidence. If yiu need to record her or do some kind if set up to achieve justice, then see what can you do, but be smart and take your time to figure it. Be wary of breaking any law yourself though. As for your father, the courts need to prove guilt beyond a reasonable doubt. To overturn a wrong verdict, you need to prove the verdict was unsafe pretty much beyond a reasonable doubt too. Not prove it was wrong, but unsafe. Caveat # I am based in London UK and so the system you have will differ. Just keep researching, organising your research on your computer and paperwork on a scheduled basis. If something seems wrong it often is. Including legal verdicts that seem watertight. Just seek help from Allaah / God an consider every hour in this endeavour as part of your Duty to your Lord and duty to your father, so whatever the outcome, it is rewardable for you in the court that matters, the one that we all have to prepare for, and none will be absent from, nor colour, class, wealth or race matter that day. Never underestimate God's power. As the Quran says, in chapter 12, the story of the prophet Joseph, imprisoned on a false allegation of r*pe, in an Egyptian dungeon and expected to rot there, yet he came out and was made Minister of Finance, forgave his accusers and those who abused him, reconciled his brothers who sold him out, met his father again and most importantly, got closer to God: 'And Allaah is predominant over his command, but most of mankind know not.' The point is# Don't roll over, but don't expect anything from people, at the same time, just do the right thing in a structured, non-random way, and trust in God properly. Peace ✌🏾
In Lost, Kate tells the judge that shes not guilty. Everyone in the room gasps and I was a little confused too since the evidence was overwhelming. I guess because not guilty doesnt necessarily mean that she didn't do it.... this vide helped a lot!
LOL. Yeah i trust an idiotic greedy usa-ian lawyer like you who are out to charge sky high fees eh. And trust you to say not plea guilty even if you are. What a typical douchebag lawyer.
I could not care less whether or not you hire an attorney. You can represent yourself for all I care. However, if you think the better course of action is to plead guilty without knowing the law and without seeing the evidence against you, then be my guest. I promise you that attorneys will charge you FAR more money to help you get off parole/probation when you pled guilty to a charge that you could not have been convicted for.
You'll have nothing but time on your hands to research your "crime" in the law library after you're imprisoned.
For example, in the scenario that I provided (public intoxication) if you would have pled guilty to that, then you would been convicted for nothing. You see, it is not illegal to be intoxicated in public. You must be intoxicated to the point of being a danger to yourself or others. Since there was no evidence of being a danger to yourself or others, then there was no crime.
You, my friend, would have pled guilty, paid fines, spent time in jail, lost your job, lost your house, and had that mark on your record for the rest of your life.
THIS is why you should consult with an attorney. It has nothing to do with making money, but with protecting people from themselves. But sure, I'm the "idiotic greedy" lawyer who is telling you this for free. 🤣
@MatthewHarrisLawPLLC court appointed attorneys have been know to be cheap and even incompetent my guy! They have literally advised their clients to plead guilty even if they are innocent! Like 95% of cases have been decided by a plea deal ffs.
lolzers
Also, by not pleading guilty immediately, an attorney can negotiate a plea agreement on lesser charges, secure a diversionary agreement, or otherwise reduce the punishment imposed if an offense did in fact occur.
That said, I have entered a nolo condere to a municipal offense, after being advised by the presiding judge of the sanctions he would impose. Fighting the charge would have been more costly than the fine and court costs that would be imposed, and I knew I was guilty of that offense.
In another municipal case, I entered a not guilty plea, and a key law enforcement witness later became unavailable due to his retirement and relocation. That case was dismissed with prejudice.
But, unlike many people, I have had a lot of experience with the legal system at state and federal levels, pored over my own States criminal code, and case law, as well federal. I have so far won every state case against me. The first time because I kept my trap shut refusing to talk to law enforcement. The second and third times are due to my own legal research and convincing my court appointed attorney, who has his own private practice, and a public defender in the third case, of how the law applied to the fact pattern in those cases.
My experience with law is that cases often fail on legal technicalities that most laypeople would not be able to identify. So most people should start with a not guilty plea. And find a lawyer who is willing to work with you based on your ability to pay. If you have limited financial resources, every court must provide you a lawyer at Government expense. And, if you have issues with your court appointed attorney, you can usually fire them and get another attorney appointed.
Right on...they should be objecting at the "arraignment " saying in effect , " prove jurisdiction " especially when there is no victim
When I was a kid, TV shows gave the impression that pleading guilty offered a more lenient punishment than pleading not guilty and being found guilty.
That was their goal. Those TV shows are propaganda.
TV shows did and still are doing the same for being bailed. "Kid, your mother bailed you." From Big City Green, with Grandma telling the story of Bill Green first meeting the future mother of Cricket and his sister. And the kid goes home with a disappointed mother. Or the protagonists walk out free, with no trial later down the line.
That's how bailing works, it's basically lets you go home, but you still need to attend the trial. It's not canceled because of bail.
This dipshit is setting you up to fail. What you should do is stand silent and not enter a plea at all. That's how you take out the Prosecution and get your case tossed out entirely.
Cause you see, in 2019 the Fifth Circuit Court of Appeals ruled it is perfectly legal for the Prosecution to withhold exculpatory evidence prior to a defendant entering a guilty plea.
However, per Marbury v Madison the Constitution of the United States is lawful law and not a set of principals.
Meaning this -- said ruling from the Fifth Circuit is Unconstitutional as it violates your Constitutional Rights under the Fifth, Sixth, and Fourteenth Amendments so you do not incriminate yourself, see all the evidence against you, face your actual accuser in court, and etc. -- Otherwise known as your rights to Due Process. This is PROSECUTORIAL MISCONDUCT which AUTOMATICALLY triggers a MISTRIAL.
Here's what they don't want you to know -- in a criminal court "The State" or "The People" cannot legally represent a plaintiff. They are a corporate entity and not allowed to legally practice law. The person - the man or woman - accusing you of the crime must be the one to file.
Know your rights and don't listen to these clowns who are in it for the money instead of true freedom and justice.
That's how it works 😊
@@keres993 I don’t think that’s likely true in any case. These shows are written by people who likely have no idea how court rooms work and just need a nice moral to teach kids about how it’s good to tell the truth. It really isn’t deeper than that.
I was pretty young and got pulled over with too many people in my car. Turns out one of them had a half full bottle of rum on them that they decided to shove in between the back seats. The cops find it and issue me a ticket for open inbox and failure to yield. Fast forward to court and the DA tells me she'll drop the failure to yield if I plead guilty to open intox. I told her it wasn't mine, she said it didn't matter because I was in control of the vehicle. So I did. The judge asked why I was driving with open intox and I told him I was unaware of it being there. Judge decided to change my plea for me and I went home with no charges because they were unable to produce a police report. Never admit guilt.
The problem there is the US' really perverse incentive system for the judicial arm, and some really ridiculous laws (like just being in a car with an open container... Wtf?)
Also it is ridiculous how much they try to make plea deals in the US as well... Frankly should be illegal... You shouldn't bargain with people's freedom and records...
@@SioxerNikita it’s about the $
@@TheJmsJose97 It's about the US really perverse incentive system for the judicial arm, not just the "$".... far more complicated.
So if I'm the chauffer for a bunch of people after a party and they're drinking. Me as the driver, I can be arrested ?
@@KidArkx no. Especially not in a limo. They have a separate license. But not even for regular vehicles. That's why the magistrate put in a not guilty pleasure for me and sent me to see a judge.
That judge was a real one..much respect to him
He is a lawyer not a judge
@@Retroist2024 He's talking about the judge in the story the lawyer tells towards the end of the video.
He really was a fantastic Judge. I had the privilege of clerking for him while in law school and learned a lot about the humanity of practicing law.
Thank you,yes thats right.
a real what......judge???
Well yeah,.........that's why they call him a judge......🙄
I agree with everything he is saying! Cop told me decades ago to always plead not guilty! Where I disagree with the justice system is you are "presumed" to be innocent until proven guilty! You are arrested and booked and jailed and your name is read out to the public over the radio the next day. Then when you go to court and are found innocent you have to pay to have your record expunged! How can that be a presumption of innocence? The radio should announce you were found innocent and your record should be expunged and your fingerprints should be shredded! Then you should be paid for any time in the slammer! Then I would say that is presumed innocent! The system is corrupt!
💯
The system is ABSOLUTELY corrupt and FAR from what the Founding Father's put in place. The judges profit from cases and funds go in to slush accounts for their retirement. The prison system and those who run it also profit from warehousing people.
I agree, it's supposed to be innocent unless proven guilty, but the way things end up is it's guilty unless proven innocent and you're on your own to clean up the defamation of the charges.
If You're not convicted, any record of arrest should automatically be expunged in every state. I was arrested 16 years ago in Florida. The case was dropped and I never even had to appear before a Judge, However, the arrest is still on my permanent record. I petitioned the Court to expunge the arrest and I am still waiting.
@@seveglider8406 A lot of people don't realize that simply being arrested can prevent you from getting a job or housing regardless if you were convicted of anything.
I think the real lesson here is don't be late to court
That's always a great lesson to learn! Some people need to learn that lesson a few times. lol
lol.
An even better lesson, don't do anything that can result in you having to be in court to defend yourself.
@@The_Wailing_Doom That can always happen if you are alive. Also if you lock yourself into your room for a misunderstanding. But generally, if you are a living being, you have to do something to sustain yourself. Action is mandatory, not optional in life. Nowadays we work for that, but you still have to go out and meet other people. And then things can happen. If you want it or not.
or don't do crime
Ahh, so it's not "Innocent until proven guilty". It's "Innocent *UNLESS* proven guilty"
For some state attourneys, it's the former.
Personally, I don't think the word "until" implies inevitability, so I'm ok with both phrases
@@ArthurKhazbs It's not about personal interpretation. The word means what it means. What good is language if we can just define words however we see fit, whenever we see fit?
@@darkprinc979 In programming, a "while" loop will continue running *until* its condition becomes false (or is explicitly told to break out of the loop). But ask any programmer if they've ever accidentally written a loop that never terminates, and they'll certainly tell you they have. "Until" doesn't strictly imply inevitability; it's merely a condition which may or may not eventually be met.
From personal experience it is guilty until proven innocent. Playing not guilty just allows you to negotiate a lower sentence whether you did it or not. It's about the money.
Have court soon for 2 counts of felony theft 2nd degree from my ex place of employment that i 100% DID NOT DO. I am terrified i am going to be found guilty based off of the lies from my previous employers and have been researching EVERYTHING. i am SO glad i came across your videos!
You're welcome! Just make sure to get an attorney to help you navigate these serious charges.
Good luck buddy.
That's why felons deserve rights. You could become a wrongful felon.
You can know that any "charges" filed are not filed under oath by one authorized to administer oaths. We have had cases dismissed for failure to prosecute due to this.
@@freegee3503 *Could you please elaborate a little.*
"When the going gets tough, you don't want a criminal lawyer. You want a CRIMINAL lawyer."
- Breaking Bad
jesse
so always always always plead innocent at the beginning of the court for your issue because as my boss found out when he chose to do that over pleading guilty on speeding because he won simply by showing up for court to plead innocent because he won simply by showing up to court and yes I am serious he won just by doing that nothing else
@@raven4k998 This story sounds really cool, but the story is overshadowed by the lack of punctuation 😅 also, you said because 3 times in the same sentence, and the last time, you just repeated what you said after the previous "because"
So always, always, ALWAYS plead innocent at the beginning of court for your issue. As my boss found out- etc
OR
So always, always, ALWAYS plead innocent at the beginning of court for your issue because, as my boss found out- etc
It seems like (I just noticed this) you used "because" in the place of punctuation, so a little tip. You can use commas, to indicate a brief pause, to take a breath (imagine you were speaking), or when you're listing things. Another way I like to use it, and you don't have to do this all the time, is to use commas to enclose something that the sentence would be fine, without the existence of, but you just wanna add it in there (almost like an alternative to parenthesis). For example, that "and you don't have to do this all the time" is technically unnecessary. You could skip over it, and the sentence would still make sense. "Another way I like to use it, is to use commas to enclose something that the sentence would be fine, without."
Anyways, I'm no grammar expert, but the way I find is most effective, is to say the sentence in my head, and whenever I pause, or want to seperate something in my head, I place a comma there. Next thing I need to learn is when to use periods instead of commas though, because I sometimes feel like I make REALLY looong sentences because I use a bunch of commas, instead of seperating thoughts with periods 😅
Ohhh also, I like to use emojis or "lol, lmao, xD, etc", instead of periods sometimes, and it seems to work.
Hope this unsolicited advice helps, or at the very least, doesn't annoy you to death 😂🥰
@@SomeoneSomewhere42069 nice speech cutie🤣🤣
@@raven4k998 Did it help though? 🥹 Also, don't flirt with me or I WILL fall for you 😠
I tell my son if he ever in trouble shut his mouth and the only thing he saying is "I ain't saying nothing, call my dad/lawyer."
When he turns 18 hope you tell him to just say call his lawyer even if that phone number is yours because I’m tired of seeing grown as men being arrested telling the cops to call mommy/daddy
@@jameskelly945I find it funny that you consider an 18 year old to be "a grown ass man"
If your kid ends up arrested for something, let them call you. Doesn't matter what age they are, they're still your kid and they're asking one of the people they know best for help.
Double negative 🙄 so you're telling him to say everything
Well you better tell him to not conceal his identity and show ID when ask at least since concealing identity is a charge that can easily lead to arrest
@@rickc303 No, it's negative concord.
Just watched a documentary about 2 guys who got felony murder charges because they were at the scene when someone was shot and killed. One pled guilty and one didn’t. Through appeals it was decided the situation didn’t equal felony murder. The guy who pled not guilty was released…the guy who pled guilty is doing serious time with no options because he already pled guilty.
More people need to hear stories like this. I took a plea bargain I shouldn’t have in 1996 and it has absolutely ruined my life.
@@danieldaniels7571 go ahead . Tell us about it .
@@danieldaniels7571 You can't keep us hanging like that 😅
@@RemziCavdar Perhaps going into specifics would get his comment taken down?
Why would you punish someone harder who is willing to come clean and own up to their crime? What a fucked up "justice" system.
He said he was faking it to scare the guy. Realistically, after you talk to a lawyer, they give you a gamble between pleading guilty and getting a smaller punishment, and pleading not guilty and getting away with it if you win or getting the max punishment if you lose (or a punishment at all if you didn't do it).
@@ninjaguyYT But that's the point. The judge did that because the entire system is fucked up like that.
@@Fircasice because you're supposed to defend yourself to have a justice system of peers and not benevolent overlords punishing the wicked lowly peons. A justice system is born out of conflict
It's the same as when 90% of people support the ruler in a democracy, that's not a democracy
You can plead not guilty and own up to your crime
Exactly. I run my schools Dean's office differently. I expect you to admit guilt and come clean, then discuss ways we could've handled the situation better, come up with a restorative practice, give a lesser consequence, and set a follow-up date. I don't see many repeaters.
I’m glad the judge let him change his plea. In a different country I was recently cleared by the persecutor office of some serious crimes I didn’t do after nearly half a year. Most importantly don’t say shit during your interview
Wow! That had to be pretty terrifying to go through, especially in a foreign country. Not that it would have applied in your situation, but we actually have a video coming out soon about how you actually don't have the right to remain silent in the U.S.
@@MatthewHarrisLawPLLC I’m a grad student at UCL ironically studying crime science and this situation is why I applied to and was very swiftly accepted to a law masters at kings college London to fulfil the educational requirements to become a qualified solicitor applying for training contracts now. I wasn’t certain if I wanted to become a lawyer. I’m American and studied as many law classes as I could where I finished my undergrad which also has a 2 year JDs for foreign law degree holders.
But as an American who’ve dealt with being falsely arrested in the UK and the US, you do have far more rights in America, that Americans should not take for granted. UK was recently downgraded in civil freedoms rankings now below the US, because of the police and government. For what I was falsely arrested if I wouldn’t had been deprived of my cellphone and computers for 6 months, although the search must’ve been finished by the time it went to the prosecutor, I had discovered my university wouldn’t cooperate with police in giving them contact info on me after making me move, and also trying to illegally bill me twice the rent when it’s against their own rules and regulations. There’s someone in administration who really hates me it took legal threats to get this finally resolved, and he was not happy of the outcome of my case so I was only notified of being cleared after filing a complaint against my arresting officers which had provided my email to the police, and when they responded to my complaint they contacted me to my case officer who explained how they’ve been trying to get in contact with me, they had been in contact with my university as they couldn’t contact me. I was explicitly told they police would have my new address since my university took action against me without giving me due process. Unfortunately I was cleared 10 days before my assessments. It would’ve been real nice to have had that load lifted off my shoulders at that time.
@@MatthewHarrisLawPLLC Thank the supreme court for that ). Honestly It really contradicts ones miranda rights and 5th amendment rights depending on the case by case situation . Civil and constitutional Rights are being eroded in America every year and not for the better for citizens.
I've had a judge refuse my guilty plea and enter a not guilty on behalf until I actually had an attorney two weeks later as the first one refused to take my case
How is that legal?
@@shure81if it isn’t, it just shows how absurd our system is, that a morally correct thing is illegal
@@kingofgrim4761Ye waste tax payer money and court time for REAL cases. Stupid
@@shure81because a not guilty plea preserves the rights of the accused. A not guilty plea can easily become a guilty plea later on after the accused has spoken to a lawyer
@@kingofgrim4761 I'm not an attorney but as I understand it judges have a ton of discretion on how they run their courtroom and what they allow and don't allow.
Idk. When I was arrested I talked to the States Attorney before the court date. We made a deal that if I plead guilty I’d be placed in a diversion program. I did that and my case was dropped and now I have no criminal record
Exactly!
Isn’t that a pleaded deal? That’s where you say, I’m guilty exchange for a lesser sentence.
That's a plead deal. But if u would of pleaded not guilty u could of been dismissed completely
@@w.e.s. that's only a possibility, your roiling the dice.
Pleading innocent and plea agreement is different. A plea agreement is you admitting to something lesser than what they could prove in totality. Usually if you know or feel that they have enough evidence to get you the maximum amount of time in a trial, then you’ll enter a plea agreement. Now if you plead guilty without an agreement on the table, at that point they can do whatever with you because you admitted you did the crime so they don’t have to present evidence or go to trial (not sure if it still can go to trial) I’m sure they can just keep straight to sentencing.
I'm having a blast going through your videos! So much info and you are a wonderful speaker! Thanks for your channel!
Thank you! I really do appreciate the kind words and I most certainly appreciate your viewership. I'll work hard to earn your subscription with every video. 😁
Pleading Not Guilty is not equivilant to a lie. and your NOT GUILTY plea can't be used against you. but your GUILTY plea CAN BE, and very easily.
Well put!
This dipshit is setting you up to fail. What you should do is stand silent and not enter a plea at all. That's how you take out the Prosecution and get your case tossed out entirely.
Cause you see, in 2019 the Fifth Circuit Court of Appeals ruled it is perfectly legal for the Prosecution to withhold exculpatory evidence prior to a defendant entering a guilty plea.
However, per Marbury v Madison the Constitution of the United States is lawful law and not a set of principals.
Meaning this -- said ruling from the Fifth Circuit is Unconstitutional as it violates your Constitutional Rights under the Fifth, Sixth, and Fourteenth Amendments so you do not incriminate yourself, see all the evidence against you, face your actual accuser in court, and etc. -- Otherwise known as your rights to Due Process. This is PROSECUTORIAL MISCONDUCT which AUTOMATICALLY triggers a MISTRIAL.
Here's what they don't want you to know -- in a criminal court "The State" or "The People" cannot legally represent a plaintiff. They are a corporate entity and not allowed to legally practice law. The person - the man or woman - accusing you of the crime must be the one to file.
Know your rights and don't listen to these clowns who are in it for the money instead of true freedom and justice.
It's a lie if you are indeed guilty.
@@MatthewHarrisLawPLLCCongrats on being a poster boy for what people hate about lawyers. 👍
Okay but what if after you plea not guilty and there's proven evidence and efficient facts by backing up and shown one is or about to be guilty?
In Sweden the court still have to prove that you are guilty even if you say that you are. The reason why is because you might be innocent to the crime even if you belive you are. Also, they don't ask you to plead guilty before you have seen the evidence. There is no wonder why there are so many Americans in prison
I think this video could have really benefitted from explaining what an arraignment is
A lot of people are going to remember this video as "never plead guilty under any circumstances, or at any point in the process". But I'm pretty sure it's really talking about a specific situation, right at the start of the process, when you haven't seen a lawyer yet
And yeah, I'd say that was fairly clear, except it seems to assume that I know what an arraignment is, and where it happens in the process. It treats that stuff as a clear, well-understood and already-established fact, without taking the time to actually establish it
Some of us didn't understand that stuff up front, and that makes it a lot easier to get mixed up
Ah, this is my forever struggle. There is SO much more information that I want to include in each video, but I have to make cuts just for the sake of time. This is a fantastic idea for a future video though. Thanks!
This is good advice. I also want to add that if you are being sued for a civil matter like credit card debt, I’ve found it is best to deny some or all the allegations when you answer the complaint. I’ve been sued for credit card debt in the past and beat a couple of the lawsuits pro se by doing this starting off.
As the video states, plead not guilty in a criminal case. In a civil suit, deny the allegations in the complaint. Make the plaintiff prove their case!
The Founding Fathers believed that due process is more important than any conviction.
Now they skirt around due process by deceiving people in to being a "defendant" and agreeing to the court's rules when the person charged never needed to.
This dipshit is setting you up to fail. What you should do is stand silent and not enter a plea at all. That's how you take out the Prosecution and get your case tossed out entirely.
Cause you see, in 2019 the Fifth Circuit Court of Appeals ruled it is perfectly legal for the Prosecution to withhold exculpatory evidence prior to a defendant entering a guilty plea.
However, per Marbury v Madison the Constitution of the United States is lawful law and not a set of principals.
Meaning this -- said ruling from the Fifth Circuit is Unconstitutional as it violates your Constitutional Rights under the Fifth, Sixth, and Fourteenth Amendments so you do not incriminate yourself, see all the evidence against you, face your actual accuser in court, and etc. -- Otherwise known as your rights to Due Process. This is PROSECUTORIAL MISCONDUCT which AUTOMATICALLY triggers a MISTRIAL.
Here's what they don't want you to know -- in a criminal court "The State" or "The People" cannot legally represent a plaintiff. They are a corporate entity and not allowed to legally practice law. The person - the man or woman - accusing you of the crime must be the one to file.
Know your rights and don't listen to these clowns who are in it for the money instead of true freedom and justice.
@@freegee3503the court's rules are about keeping the trial orderly and fair. The problem with a guilty plea is that you're essentially admitting to the court that the facts are true and that you don't need to face your accuser. Because of this it removes your ability to appeal most issues with your trial. Under limited circumstances you may be permitted a conditional guilty plea in order to preserve your right to appeal on a specific issue.
@@freegee3503you have to follow the rules of court
Or you would rather be a fugitive instead of standing for trials
@@Retroist2024 That is what they would have the people believe but the system operates on commercial law and if one applies it properly, granting the court jurisdiction can be avoided and also having to follow the court's rules. 👍
Thank you. I always telling my friends two things never plead guilty because even if guilty it isn't in your best interest, and two hire a lawyer public Defenders are overloaded with cases so a lot of them convince you to plead guilty for a reduced sentence. My brother DUI would have not his first time but he stopped drinking now. He would have seen jail but instead was just ordered to move home under our supervision because hired a lawyer who focused on his case.
The interpretation suggesting that the phrase "innocent until proven guilty" assumes eventual guilt is incorrect. The use of "until" in this context does not predict or assume that guilt will be proven; rather, it establishes the condition under which a person’s status could legally change from presumed innocent to guilty.
Yeah, but I still do like the word “unless” more. “Until” can still have the connotation that one will eventually be found guilty, “unless” leaves less to the imagination, I guess
@@WBRI_Brianless Yes, I think using unless would be more correct. They may have just gone with the word until because then the sentence flows off the tongue better.
It's a reminder to the people on the prosecuting side that these people aren't guilty. It's more of a don't count your chickens until they hatch thing.
@@WBRI_BrianlessI believe the point of the saying with until refers to how you are not guilty before that point of being proven guilty beyond doubt in a court of law. I always took it to mean that you should treat all defendants or those accused of a crime as innocent no matter how open and shut the evidence is, because it doesn't count before the verdict is declared one way or the other. That's how I've seen it used, referring to the process of how someone is treated and their rights. That's what presumption of innocence is, hence the word presumption, "pre" -before, the starting point. Unless doesn't have that connotation imo, though it still covers the burden of proof part of the meaning
Pleading guilty is telling everyone you deserve jail time, as opposed to continuing the argument and demonstrating opposed people your innocence.
I think you're one of the smartest lawyer on RUclips.
Aww, you're too kind! I'm just doing my best to educate the public.
Lol, no, he is one of the dumbest.
This dipshit is setting you up to fail. What you should do is stand silent and not enter a plea at all. That's how you take out the Prosecution and get your case tossed out entirely.
Cause you see, in 2019 the Fifth Circuit Court of Appeals ruled it is perfectly legal for the Prosecution to withhold exculpatory evidence prior to a defendant entering a guilty plea.
However, per Marbury v Madison the Constitution of the United States is lawful law and not a set of principals.
Meaning this -- said ruling from the Fifth Circuit is Unconstitutional as it violates your Constitutional Rights under the Fifth, Sixth, and Fourteenth Amendments so you do not incriminate yourself, see all the evidence against you, face your actual accuser in court, and etc. -- Otherwise known as your rights to Due Process. This is PROSECUTORIAL MISCONDUCT which AUTOMATICALLY triggers a MISTRIAL.
Here's what they don't want you to know -- in a criminal court "The State" or "The People" cannot legally represent a plaintiff. They are a corporate entity and not allowed to legally practice law. The person - the man or woman - accusing you of the crime must be the one to file.
Know your rights and don't listen to these clowns who are in it for the money instead of true freedom and justice.
I DIDN'T EVEN GO TO LAW SCHOOL OR GET A BAR CARD AND I KNOW THE LAW BETTER THAN HE DOES.
@@MatthewHarrisLawPLLC how can I hire you
Have you seen the legal eagle
@@MatthewHarrisLawPLLCHave you seen the legal eagle
“I’m Guilty “ of watching your video Matthew ! 👍
😃 I think you're a repeat offender!
🙂
Since you are pleading guilty, your punishment will be a lifetime of channel subscription and a fine of one like under the video
There's a piece of dialogue from Little Britain.
"What's the one where you done it?"
"Guilty."
"What's the one where you done it, but you don't want anyone to find out?"
"... not guilty."
Huh... I literally came here from a Little Britain video
“Just because you did it doesn’t mean you’re guilty.” - Larry Archie Esq.
I mean they lock people up for possession of plant material...
Guilt, innocence, neither have anything to do with American "justice".
Says OJ
@@Lcr38 Dude, he’s dead. Time to move on?
@@notabannedaccount8362 lol no one will ever move in from OK
@@notabannedaccount8362 agreed
It’s so annoying hearing people get outraged when people plea not guilty.
Preach!
imagine being a curious lawyer and your case is getting closed just because man said "nah i'm guilty"
Wow this was insightful ...I always thought pleading guilty means the person gets a guaranteed lesser than max sentence and saying not guilty and being proven guilty gets the max sentence.
That would only apply if you have a plea deal - and it' sa good idea to accept one if you (or lawyer) knows the evidence against you is overwhelming and odds are not in your favour - prosecutors want it over with and don't want a lengthy trial, they have so many cases anyway. So there are times when you don't want to accept one and times where it's your best choice. If you have a good defense lawyer, he/she should know best.
@@jimmydandy9364 Thanks, good to know. Hopefully would never need it :)
I hope I never end up in the hot seat. But If I do, this is very helpful. It is very plain and to the point. Thank you!
Thank you! I hope you never find yourself having to plead either, but now you have confidence on what to do if the need arises.
Superb may god bless you for all the noble work you are doing
Thank you! It is an honor and a privilege to educate. 😁
Thank you so much for making this advice open and free for everyone
You are so welcome! It is an honor to educate.
In St. Louis if you get locked up at county they tell you when you see the judge plead not guilty and if you can't afford an attorney one will be appointed for you. So I totally agree. It's just the beginning of the process with more court dates to come.
I was in traffic court where Judge Hoover addressed the court at the start of the session, "Everybody in my court pleads guilty." I plead not guilty. Judge Hoover exploded with anger, telling me "You're guilty. save everybody trouble and plead guilty." I asked him if he forbid me to plead not guilty at my arraignment. He said "No, plead not guilty if you really want your punishment to be harsh." I beat that charge in Superior court.
When an attorney tells you to plead not guilty, you know the system is gully roghed against the people.
If you plead not guilty, that's more billable hours for your attorney. They will usually only advise that you plead guilty after reviewing the evidence and deciding you have no chance of escaping conviction, so you should take a plea deal or something. In capital cases, it's pretty common for people to plead guilty to avoid the death penalty.
Not at all. Presumption of innocence is very deeply engrained in British and American law. A "not guilty" plea is the best choice unless you are getting competent counsel.
@@2020-p2z If you plead guilty straight away there's no reason to charge you with less.
@@flagmichael That means people shouldn't admit that they did something wrong even if they did. Which is not right.
It's just a play with words - judge is not asking "Did you do it ?" he's asking what do you plead. It's more of a "yyyyyyyyyyyyeah I did it but I want a full trial and see what my options are, I wanna roll the dice and let the state do its job, and see if I can get away with it or a lesser sentence" VS. "I plead guilty, I don't want to no trial send me to jail for the rest of my life, I don't care about my options" :P Well the rest of my life is a bit extreme, but yeah, if you plead guilty, you get the full sentence allowed by law, it's done deal, not guilty is letting the system prove your guilt with evidence, it's their job. though if you are a killer and have a guilty conscience and want to go to jail and do your full sentence, that's another thing, BUT STILL, if you plead not guilty and used your 5th with cops and interviews, and there is not enough evidence, you may actually get away with it, but that still makes you an arsehole though if you truly did it :P
You are correct, I've worked in LE with the courts for over 25 years. It's amazing how many people have asked to be guilty at their arrangements and the judge had to admonish them. The only rime you plead guilty is if a plea deal has been worked out and you're not going to a jury trial.
Well said!
@@MatthewHarrisLawPLLC there is a distinction btwn guilty 'in a court of law' and 'police investigation'. if you are a 'suspect' you are guilty until it is proven to POLICE that you are not guilty. this is why, without a conviction, you are held against your will in custody in jail. innocent until PROVEN guilty IN A COURT OF LAW. police are there to ENFORCE law not prove you are NOT GUILTY
A long time ago I was at my first quarter appearance for a theft charge. I didn’t want the case to carry on and have to come back six months to a year to deal with it so I thought let me just plead guilty so I did. The judge said you probably shouldn’t do that, I told him I was guilty and wanted to take accountability for it and he again said this is not the time to do that. I told him one last time I plead guilty. He then asked me why shouldn’t I send you away for a really long time? I told him that I had a drug problem and I needed help. He ended up sentencing me to 21 days in the county so it actually kind of worked out for me because I did my 21 days got out and did not have to worry about probation or parole or any other crap. But I would not recommend it and if I had to do it over again I would have pled not guilty
When was that in the 1800's ? :P We are in 2024, times have changed..........Depending on the actual case and crime, some judges might actually be happy you did plead guilty, but they won't say it out loud.
@@jimmydandy9364 Back in like 2010 in Jersey 🤷♂️
I mean there's a real chance you would've been off worse if you plead not guilty and didn't admit with remorse that you needed help
@@raulpetrascu2696 true! I felt like I did the right thing at the time, even though I probably should have plead not guilty, it worked out for me
I actually know someone that was DUI and crashed but his Not Guilty plea actually helped lessen his sentence.
In Victoria, Australia, pleading guilty to an offence means that the judge/magisgrate has to provide a discount when sentencing, which means that you won't receive the maximum sentence. If you plead not guilty, you can change your plea at any time as the matter progresses through court, but the discount becomes less substantial over time.
I can't recall how this discount is calculated, but I know that it does give people an incentive to plead guilty and free up court space for other cases.
Australian courts are messed up, providing a discount on sentencing to plead guilty early means you do not get a fair trial and coersion. It's only worth it if you are offered and guaranteed a section 10 non-conviction which is extremely hard to get.
@@patrickherb4670 Can you explain why it would be unfair?
Wish I knew this before I hired an incompetent lawyer that talked me into signing a plea deal. None the less his license got pulled from the bar for ripping off other customers as well.
A plea deal is very different from pleading guilty before your case has even gone to trial. A plea deal is worked out with the prosecutor.
@@RandomCarrot2806 Yes I know this.
@@AmericanFarmerHVAC2024 But then your comment is completely irrelevant to the video. Pleading guilty versus taking a plea deal aren't the same thing.
@@RandomCarrot2806 pleading guilty is pleading guilty. Deal or no deal. That was my point. Go be an irrelevant asshole somewhere else.
Isn't that what most do anyway (allegedly) ? :P
In other words honesty is not the best policy as proven time and time again.
How is it honesty if you're not guilty
@@joe5923 Being stupid is so manly.
@@user-uq9oe7sc5m repentance is one of the pillars of christianity, they print "in god we trus" on dollar bills but recommend you to always plead not guilty in court - that has nothing to do with being stupid or many, it's hypocrisy
@@user-uq9oe7sc5mIn other words, believing in justice is stupid.
@@joe5923 You should watch the video again. It's not dishonest as it's not a question of if you did it or not, it's a question of if the state can prove you guilty or not. Pleading not guilty is not the same as pleading innocent. If you want to "take your deserved punishment like a man" you take a plea deal that you work out with the prosecutor.
by pleading guilty you are not only admitting guilt but you are agreeing with whatever the judge chooses as punishment
Thank you! I'm over 50 and nobody's ever explained this to me.
This happened to my dad recently. He was caught driving without insurance (he accidentally left it at home). At the court, he decided to plead guilty, since he thought it wasn't such a big deal, and he would probably just get a small fine and didn't want to waste judges time.
The judge threw the book at him. He was given a 400 dollar fine, and 1 year probation, that if he violates he'll have to go to jail for 30 days.
Completely insane compared to the guy who came in before. That guy forcibly broke into someone's car and stole it, and was drunk too, and ended up driving into a light pole, totalling the car and destroying the light pole. His only punishment was like 100 hours of community service. Completely insane... my dad can't even get a job right now because he's on some criminal registry, all for driving around the block with no insurance.
I feel he should try to appeal under the 8th amendment, because this certainly seems excessive to the point of being cruel
When one is charged with a felony and asked to take a behavioral test and the case will be dismissed. I will like to Know if the person is pleading guilty by taking the text. Thanks
Sooo what this just did was give somebody somewhere more faith, hope, and wisdom as he/she stare in the face of what feels like an impossible situation to outlive. Bless you for that.❤🙏🏾💪🏽😊
Thank you for this, you don’t know how this explanation has help. Always brought up to admit my mistakes I’d be the one pleading guilty without consulting legal advice.
Well it's my pleasure to educate and help. 😊 Most honest people are brought up the same way, but the criminal justice system isn't designed for honest people.
There's also a suddle different better doing something that sounds illegal and being guilty of a crime. He mentioned the "every element" requirement
I know (by getting arrested) that some smaller towns have a "city attorney" that will automatically enter a "not guilty" plea on your behalf, as well as explain the charges against you AND the court process, should you have questions.
Thank you for the video! I got arrested when I was 15 and I’m going to trial court in April. Now I know more stuff about how the court works and how pleading works. Thank you. I am prepared now. This video taught me a lot. I now know more about my case
Career criminal in the making... 😢😢
Great advice! A person needs to know this type of information
The whole idea of plea bargaining really undermines this. Regardless of actual guilt or innocence, a defendant may feel pressure to plea guilty to minimise the risk of a more severe penalty as courts don't always get it right.
That's true but plea bargaining at least involves your defense attorney and involves some concessions from the prosecutor. It's a lot better than just pleading guilty.
Like the Central Park Jogger case. They were innocent, but took the plea deal because they are black and faced life in prison instead of several years.
What about David Packouz? The "War Dog" guy. In the movie is said that he pleaded guilty and only got 7 months in jail time.
Great question! (and great movie) He later pled guilty as part of a plea deal, but not at his initial arraignment. That's why he didn't get a LOT more time. lol
Is it better to plead not guilty or answer with nolo contendre
Definitely Not Guilty. Nolo Contendre (no contest) allows the Judge to immediately punish you as though you had pled guilty. Remember, at this stage (arraignment) you haven't yet seen any of the evidence against you and you also likely haven't had a chance to consult with an attorney yet.
What people fail to realize is you absolutely 100% get more mercy from a judge if you plead guilty vs not guilty. Judges are emotional, and you see them punish people who string the court along for months when they’re obviously on tape doing what they are accused of.
It’s different if you genuinely didn’t do it or believe one of the charges are wrong. But if you’re accused of drunk driving, and you’re on film, failing the test, admitting your drunk and a blood test proves you were, you are not getting any mercy by going the not guilty route in hopes that the police maybe did something wrong to dismiss the case. It is very rare it gets dismissed and your lawyer would advise you beforehand otherwise
Thank you! This was super informative. I love your channel.
❤️ Thank you! If you have ideas for future videos that you'd want to know more about, we're always interested in ideas! We appreciate you watching. 😊
CONSTITUTIONAL LAW 101 - DUE PROCESS What is “Due Process”?
TO: all County Sheriffs and all U.S. Marshals FROM:
cc: all Federal and State elected and appointed servants RE: Your Duty to know and enforce the Law
DUE PROCESS: “No person shall... be deprived of life, liberty, or property without ‘due process of law’;
[5th Amendment] a similar provision exists in all the state constitutions; the phrases ‘due course of law’ and
the ‘law of the land’ are sometimes used; but, all three of these phrases have the same meaning; and, that
applies conformity with the ancient and customary laws of the English people or laws indicated by
parliament...” Davidson v. New Orleans 96 U.S. 97, 24, L Ed 616.
“‘Due course of law’ is a phrase synonymous with ‘due process of law’ or ‘law of the land’ and means law in
its regular course of administration through courts of justice.” Kansas Pac. Ry. Co. v. Dunmeyer 19 KAN 542.
JUSTICE: “In the most extensive sense of the word, it differs little from virtue for it includes within itself the
whole circle of virtues; justice, being in itself a part of virtue, is confined to things simply good or evil.”
Bouvier's.
AT LAW: “This phrase is used to point out that a thing is to be done according to the course of the common
law; it is distinguished from a proceeding in equity [under statutes].” Blacks 4th
.
COURT OF LAW: “...a court proceeding according to the course of the common law and governed by its
rules and principles as contrasted with a ‘court of equity’ [statutory court].” Blacks 4th
.
“Law in its regular course of administration through courts of justice is due process.” Leeper v. Texas, 139,
U.S. 462, II SUP CT. 577, 35 L ED 225.
“It is not a little remarkable that... this provision [due process] has been in the Constitution for the United
States’ 5th Amendment as a restraint upon authority.” Lent v. Tillson 140, U.S. 316,10SUP. Ct. 324, 33 L. ED 722.
“Due process of law and the equal protection of the laws are secured if the laws operate on all alike and do
not subject the individual to an arbitrary exercise of the powers of government.” Duncan v. Missouri, 152, U.S.
382,14 SUP. CT. 570, 38 L. ED. 485.
“The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no
law; but, is wholly void and ineffective for any purpose since its unconstitutionality dates from the time of its
enactment... In legal contemplation, it is as inoperative as if it had never been passed... Since an
unconstitutional law is void, the general principles follow that it imposes no duties, confers no right, creates
no office, bestows no power or authority on anyone, affords no protection and justifies no acts performed
under it... A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to
supersede any existing law. Indeed insofar as a statute runs counter to the fundamental law of the land, the
Constitution, it is superseded thereby. No one is bound to obey an unconstitutional law and no courts are
bound to enforce it.” Bonnett v. Vallier, 116 N.W. 885, 136 Wis. 193 (1908); Norton v. Shelby County, 118 U.S. 425
(1886).
CONCLUSION: All rights are protected by due process which is the restraint upon government. It is the duty
of the Sheriff & U.S. Marshal to make sure due process is met before incarceration; and, to recognize when it
is not. All village, town and city courts which proceed according to statutues are not common law
Constitutional courts. Any State or Federal Court proceeding upon statutes instead of Law are acting under
the color of law; and, all officers in such courts are acting in concert and are guilty of felony conspiracy. It is
the duty of the Constitutional Law Enforcement Officer, a/k/a Sheriff or U.S. Marshal, to arrest the officers
acting under color of law; and, to seek an indictment. Failure to do so is felony rescue.
This is a great video and should be mandatory viewing for every citizen of the USA. I haven't heard this point put this succinctly, perhaps ever?
Thank you! 😊
My girl went 65mph in a 25 residential neighborhood (we just came from bowling and we’re late to meeting friends at the movies) and she’s flying down the road when we see lights come on in the rear view.
If we would’ve plead guilty she would’ve had her license suspended for 6 months and an 800 dollar fine. We pleaded not guilty and it went reckless driving to careless driving so she only had to pay a 600 dollar fine and not get her license suspended.
TL;DR: GIRLFRIEND SPED AND GOT PULLED OVER, PLED NOT GUILTY = LIGHTER PUNISHMENT.
She definitely shouldn't have been going that fast, but I'm sure that the careless driving punishment and fine taught her the same valuable lesson as a reckless driving with license suspension would have.
Love a tough, but merciful judge!
Thank you for this advice. It’s really useful
Thank you!
This is good logical reasoning and therefore is good legal advice.
Is pleading no contest just as bad?
Pleading No Contest is pretty much like pleading Guilty. The only difference is that your conviction can't then be used against you in a civil suit arising out of the criminal conduct. We actually have a video about this coming out next Thursday!
If you plead guilty you are going to be convicted.
That's an absolute fact!
If you plead not guilty, you're going to be convicted. Either way, you lose
A guilty plea is the same as a conviction after trial.
Of a lesser charge most likely. Never listen to a lawyer unless you've already hired him
And the law requires you to be given the highest sentence as well if you plead guilty. The case is settled, you no longer have attorney representation even if you have one
I just learned something extremely important. Gid bless you Matthew!
Thank you! It is an honor and a privilege to educate. 😁
Great job, Matthew!! 👏 👏 👏
Thank you! That was a true story from my first year of law practice. Just a WILD day in Court. lol
You have the makings of a "Criminal Lawyer".
Good advise
Great advice Matthew!! Thanks!
Anytime! 😁
We need more of you out there man!
You are too kind! I'm just one man trying to educate as many as I can because an educated society is a free society. Be sure to share this knowledge with those in your circle. Thank you!
There are perhaps hundreds of thousands of innocent people in prison right now. There are very few “not guilty” people in prison.
Most likely, about 90% of the people in prison never injured another person. They are political prisoners.
@@freegee3503 it’s pretty sick that non violent criminals are forced into prisons with psycho killers doing life sentences. It’s a death sentence.
I actually learned this from a historical source written by a priest in Tudor England. He was discussing whether it was a lie to deny knowledge of the whereabouts of undercover Catholic priests to the agents of the government, and used the Not Guilty plea not being considered a lie as an example.
I think it's funny how some people will be shocked when a murderer pleads not guilty. Dude, just because someone was arrested doesn't mean they are guilty.
Well put!
"Dude, just because someone was arrested doesn't mean they are a murdere or guilty of murder"
The term murderer already implies the individual arrested was actually a killer, i think u meant a suspect bro
Everyone talking about plea deals, look up what the word 'arraignment' means. The plea deals are offered at a later court date as far as I know. I'm not a lawyer but I am pretty certain of this, so correct me if I'm wrong.
This is a FANTASTIC video!!!
You are too kind! Thank you for the words of encouragement and the vote of confidence. 😍
Very good and informative video. I hope no one ever needs this advice but if they do I'm glad you're informing us/them
If I haven’t been found guilty of any crimes in 20 years and I just got a petty shoplifting in Va am I eligible for first offender? Thanks
Oh I'm so sorry. I'm not licensed in VA so I'm not sure if crimes over 20 years would disqualify you from 1st Offender status. I'd recommend speaking with a local attorney to help guide you through this.
Woah, that seems really harsh for someone who admitted to fault, and didn't try to get out of consequences. I feel like that deserves at least an ounce of lenience and appriciation from the judge.
Aaand that's what happens when I comment before finishing a video.
LOL. Your follow up comment actually made me laugh. I needed that.
The way I see it, if I'm accused of a crime, if I did it, the state still has to prove I did it. I'm not gonna give them a freebee, I'm gonna make them work to convict me if they can.
Might as well, they make $$$$$ off of the cases.
And then you get sentenced to twice the amount of time.
@@randolphdukes5383 There is a limit at which you can be sentenced. That said if it's a felony charge you are convicted of your life is basically over regardless of how long your served in prison. That felony charge will hang over you for a lifetime, fighting against it is your only chance to stay a free man.
@@joe5923 Does it really matter what words people say if the meaning is understood?
Does honesty have any value to you?
I have to go to court in Modesto for resisting lawful command. Resisting lawful command was issued as resisting arrest misdemeanor 1. I didn't know the law at the time and want to plead not guity. I didn't know i could go to jail and was at the time not thinking clearly. What do i do? I have no money for an attorney
This is sick, people's lives shouldn't be played with . Most time ,you then go to court over and over until u get the offer of a plea,, a plea of guilt. Or go in front of a jury, were in most cases found guilty with long years in prison.
It's on real nightmare for both sides.
What's the purpose of requiring everyone to give a plea, if everyone is supposed to plead the same thing?
The other reason not to plead guilty is because the closer you get to trial, the better the plea deal you’ll be offered
I’ve seen an 8 month incarceration plea as a felony drop to a misdemeanor with 1 year probation and $500 fine
👍
Like you said… “pleading not guilty, even if you know you broke the law”. Making the courts prove your guilt shows one Important fact, telling people they shouldn’t plead guilty even if they Are guilty does at least two things: 1. It encourages people to lie. 2. It’s a waste of tax money to try people who don’t have the honor and integrity to admit their unlawful acts.
I thought America “was the home off the brave”. Well there’s Nothing “brave” about committing a crime and not having the guts to admit it. If people were sufficiently honest and honorable they should have the personal courage to admit their crime(s). And as a society we should be holding people to a standard that is to the benefit of civil society. Millions of $$$$$ of tax funds could be better utilized that trying to get people to admit their crimes. I have NO respect for criminals who like being abhorrent and lawless and then can’t muster the courage to admit what they did. Tough guys like to think they’re above the law. But get the bad guys in court and even though the evidence can be overwhelming, the defendant doesn’t have the guts to admit they did something. They’re Not So Tough because they’re unwilling to accept the consequences of their behavior. This attorney is encouraging people to lie. I would think that for an attorney to do so being if not illegal it should be at least unethical.
If theres no leonecy to pleading guilty, you got to be a fool to do it.
Quite the opposite in LA County courtrooms for minor track infractions. The bailiff actively encourages people to plead guilty or no contest by using the allure of reduced fines as an incentive to do so. That is a trick. If you plead not guilty and an officer fails to prove your guilt then the case is dismissed and no fines are paid. You do run the risk of the cop showing up and proving your guilt but there is also a chance the cop doesn’t show up which automatically results in the case being dismissed.
what he said in a nutshell= the judge wants lawyers to get paid so he wants multiple court dates and lawyers. he used to be a lawyer too after all and we gotta keep this scam going.
You should plead guilty next time that you get into legal trouble so that lawyers won’t get paid and put a dent on the scam? 🤷♂️🤣
Yea people are getting paid for doing their jobs on the clock, shocker.
Well observed. This is the actual reason why. Keep trusting those instincts and never mind the gaslighters with motives.
@@pauldeanda4985 the fudge could use his fudge to grease the gears and no automatically give max sentence.
Thank you, teaching the Art and Custom of the courts!
You are most welcome! I believe that an educated society is a FREE society. I'm just doing my part to spread freedom. 😁
This was definitely a good one!!!!
Thank you! ❤️❤️❤️
Many years ago, I heard what I'm told was a true story. The judge said to a young man, "Are you the defendant?" The young man replied, "No, your honor. I'm the one what done it."
The only people who'll still plead guilty after watching this are homeless people who seek food and shelter during winter
Oh, I don't know. There seem to be a number of people in these comments who are intent on pleading guilty on Day 1 under the illusion that it will get them less time. 🤣
@@MatthewHarrisLawPLLC give me examples of people who have been convicted after pleading not guilty and were given as light of a sentence as someone who pleaded guilty
You could spend an hour explaining this topic. At the end of the hour, stating that you possess no guilt to a crime that you did commit is lying. This system is so flawed that it actually requires one to lie in order to maintain the system. This very thing happened to me when I was much younger. When the judge asked me "how do you plead" during my arraignment, I stated "guilty as charged your honor". He told me that I could not plead guilty in his court and that he would not accept my plea of guilty at this time. This is a corrupt practice. You cannot expect honesty then force someone to lie on their own behalf. Lying is lying lawyer. They need to start teaching that in law school. The question "how do you plead" should be changed into a more honest question instead of a tool to be used to further smear a suspect into media sludge. If you do not accept an honest answer, it is not an honest question.
Why do they even let you plead if there should only be one correct plead
Great question! Even though you *should* always plead Not Guilty at your arraignment, you still have the right to decide.
Gpod information to know! My thoughts also go back to an old quote...If you can't do the time don't do the crime!!
I think the main point here is it is wise to not plead guilty, consult an attorney and review the case against one before deciding on a plea at Arraignment. I must share that after that the US legal system is such that if one actually asserts one's rights to go to trial, I notice the Judges give defendants harsher punishment. To me, that really sucks because one should not be penalized for going to trial. Why they call it "Arraignment"?
I don't know the origins of the word Arraign, but that is just the term assigned to that specific hearing. I've never known Judges to assign harsher punishments after a trial versus pleading guilty. Pleading guilty with no plea agreement is called an Open Plea, which means you place yourself at the mercy of the Court for sentencing.
@@MatthewHarrisLawPLLC I have known them to almost always doing that. It is almost shocking if you never had that experience even as a lawyer. It is common in all states. Like someone else had commented here, the Judges do not like them wasting the legal system's resources but then it is everyone's right to go to trial. You may check court stats to have a reliable way to know this whether those who took plea bargains by pleading guilty got lighter punishments compared to those who went to trial and lost. So your clients did not get harsher sentences when they went to trial and lost? Did they always get wonderful lighter sentences after trial as they were offered pretrial as a plea deal?
@@Peep1988what makes you assume they lost at trial or that the cases even went to trial?
What if it's for something like a traffic offense or something you got caught up in with your friends but at the same time, you also have strong moral/spiritual convictions and believe in doing your best to tell the truth and not lie?
One thing I don't understand is if you are presumed innocent, why are you sometimes locked up in jail before your trial?
Yes unconstitutional therefore illegal in violation of the supremacy clause, article 4 section 2 paragraph 1,5th amendment,6th amendment,7th amendment,10th amendment,14th amendment section 1
@AngryMisanthropethey operate illegally
I’m presuming that this is referring to a jail as if it is also a prison. If so, there is a distinction between the two
@@dragonf1092 actually it's not unconstitutional, because there is historical evidence of people being held in a cell until verdict is reached during and after the signing of the amendment. The reason people are normally held is because they may be a flight risk.
Also most of what you cited has nothing to with being held in jail.
@@Master_Yoda1990 only because they had a legal lawful warrant from a judge to arrest them,and they were not in said cell very long because they were brought before a judge and jury and publicly tried.
Really good if your story a little complex and would like to explain your situation.
It's baffling that a Judge would give maximum punishment on purpose when a plead of guilty simplifies his job.
How so? If you are not going to bother with getting an attorney and working out a plea deal with the prosecutor or make your case for either being innocent or the mitigating circumstances there might be to a jury for a reduced sentence, why should the judge do the work of trying to figure out what sentence you deserve? You are giving them nothing at best, and at worst come across as either not caring or trying to play them with the guilty plea.
@@RandomCarrot2806 It is (or at least should be) the Judge's job to figure out what happens and give a fair sentence. A plea of guilty is just a "Yeah, I screwed up, let's get this over with".
@@1Maklak And a max sentence is a fair one if the defendant can't even be bothered with the process.
An attitude of "lets get this over with" doesn't exactly scream remorse, nor rehabilitation.
Also, it's not the judge's job to figure out what happens or give a fair sentence, it's their job to apply the law and make both sides play by the rules of the court.
@@RandomCarrot2806 That's just nonsense. "Guilty as charged" screams remorse and "Not guilty" does not.
@@1Maklak No it doesn't. It screams "I did it, so what?"
So if known to be guilty, would the point of pleading not guilty also be to possibly reduce the sentence based on situational factors you might not have considered that would have reduced your level of guilt?
My father pleaded not guilty when he was not guilty to a crime he did not commit. He has not committed a crime in over 10 years (keep in mind he never committed this offense and was setup by ex criminals. no not drug related). He was also a past offender of other crimes in his past. This was in CA where the 3 strike rule is in place.. But because of CA 3 strike rule if you ever got committed for a serous crime you will be imprisoned for life because of the the 3rd strike. In this case they used his past convictions against him. Even when not guilty of such crime without any type of evidence. He was given a plea offer that he refused because he believed in the justice system and still lost and now he has to face life in prison vs a 10 years plea deal . I haven't seen him in almost 20+ years but we still talk on the regular.
TLDR: If you committed crimes in the past take the plea , it might help you out better. Especially if you committed felonies in the past.
Oh man, that's terrible! I'm sorry for the struggle and strife your family has had to endure. I also have faith in our justice system, but it doesn't get it right 100% of the time.
Personally, I think 99 guilty should go free to avoid convicting even 1 innocent person.
Investigate. Research. compile. Spend and couple hours with a lawyer or Innocence project. Go over the statutes and cases. Find the faults in your dad's case. Follow them. Expand on them, Then, state the law, then compare the facts. At that stage get it RECHECKED by a lawyer. File a proper appeal.
@@Freedom4PalestineEndZioNazism unfortunately 3 strike law in CA is way more difficult. Also he committed the act it was no crime. I would have to record the "victim" as she lied on him.
@@Stylenwavin You have to sit down and go through the laws that cover procedure. Be your own lawyer. As for getting evidence, confessions are one way, but circumstantial, even later behaviours, can be reasonable evidence. If yiu need to record her or do some kind if set up to achieve justice, then see what can you do, but be smart and take your time to figure it. Be wary of breaking any law yourself though. As for your father, the courts need to prove guilt beyond a reasonable doubt. To overturn a wrong verdict, you need to prove the verdict was unsafe pretty much beyond a reasonable doubt too. Not prove it was wrong, but unsafe. Caveat # I am based in London UK and so the system you have will differ.
Just keep researching, organising your research on your computer and paperwork on a scheduled basis. If something seems wrong it often is. Including legal verdicts that seem watertight.
Just seek help from Allaah / God an consider every hour in this endeavour as part of your Duty to your Lord and duty to your father, so whatever the outcome, it is rewardable for you in the court that matters, the one that we all have to prepare for, and none will be absent from, nor colour, class, wealth or race matter that day.
Never underestimate God's power. As the Quran says, in chapter 12, the story of the prophet Joseph, imprisoned on a false allegation of r*pe, in an Egyptian dungeon and expected to rot there, yet he came out and was made Minister of Finance, forgave his accusers and those who abused him, reconciled his brothers who sold him out, met his father again and most importantly, got closer to God: 'And Allaah is predominant over his command, but most of mankind know not.'
The point is# Don't roll over, but don't expect anything from people, at the same time, just do the right thing in a structured, non-random way, and trust in God properly. Peace ✌🏾
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In Lost, Kate tells the judge that shes not guilty. Everyone in the room gasps and I was a little confused too since the evidence was overwhelming. I guess because not guilty doesnt necessarily mean that she didn't do it.... this vide helped a lot!