What a joke the entire thing is. He’s been sitting in jail for nearly 2 years and the trial hasn’t even started. If he wins the case, it’ll be such a blow and they will owe him quite a bit of money.
Most lawyers advise against invoking that. Gives all sides more time to prepare. Like the defense spent a good bit of time trying to get certain evidence removed from the record as it’s own proceeding. The hope was of course if the judge found that the evidence must be excluded then the prosecution may drop charges even before the trial.
So yeah Luigi could have had a trial, but I can almost guarantee his lawyer is slowing things down to build his defense and try other types of hearings that strengthen their position once a trial begins
Why would they owe him money? A defendant doesn’t get paid if he’s found not guilty. His only reward is that he gets to go free, unless there has been some sort of prosecutorial conduct that he can sue over.
The reason they are dragging it out is because they know their case is weak, has lots of holes, and it’s going to be susceptible to jury nullification. There’s a good chance he goes free. So they drag out the trial for as long as possible, knowing that’s the only time he’ll serve in prison. He may get found Not Guilty, but he’ll never get back the 3-4 years he sat in jail.
They did the same thing with Casey Anthony. She served 3 1/2 years before being found Not Guilty. She went “Free,” but she probably spent the same amount of time that she would have gotten for Child Neglect, which is probably what she was really guilty of.
This is a combination of why we shouldn’t have cash bail and why effective representation is so critical.
Removing cash bail stops the pre trial incarceration of those without significant assets.
Effective representation means that your rights to a speedy trial can be reasserted of your want and reduces the misapplication of state sponsored violence.
What a joke the entire thing is. He’s been sitting in jail for nearly 2 years and the trial hasn’t even started. If he wins the case, it’ll be such a blow and they will owe him quite a bit of money.
Good thing there isn’t an ammendmant about a speedy trial
Amendments don’t apply when you fuck with The Oligarchy ™
It’s typical in cases like this to waive your right to a speedy trial.
Why do people do this?
More time to prepare a defense, gather evidence, witnesses, litigate hearings, etc. any of which could drastically change your defense.
There isn’t a do over
https://vger.to/lemmy.zip/comment/27182965
Most lawyers advise against invoking that. Gives all sides more time to prepare. Like the defense spent a good bit of time trying to get certain evidence removed from the record as it’s own proceeding. The hope was of course if the judge found that the evidence must be excluded then the prosecution may drop charges even before the trial.
So yeah Luigi could have had a trial, but I can almost guarantee his lawyer is slowing things down to build his defense and try other types of hearings that strengthen their position once a trial begins
Why would they owe him money? A defendant doesn’t get paid if he’s found not guilty. His only reward is that he gets to go free, unless there has been some sort of prosecutorial conduct that he can sue over.
The reason they are dragging it out is because they know their case is weak, has lots of holes, and it’s going to be susceptible to jury nullification. There’s a good chance he goes free. So they drag out the trial for as long as possible, knowing that’s the only time he’ll serve in prison. He may get found Not Guilty, but he’ll never get back the 3-4 years he sat in jail.
They did the same thing with Casey Anthony. She served 3 1/2 years before being found Not Guilty. She went “Free,” but she probably spent the same amount of time that she would have gotten for Child Neglect, which is probably what she was really guilty of.
Mr. Piccolo, Esq. here illustrates the saying “you can beat the charge, but you can’t beat the ride”
This is a combination of why we shouldn’t have cash bail and why effective representation is so critical.
Removing cash bail stops the pre trial incarceration of those without significant assets.
Effective representation means that your rights to a speedy trial can be reasserted of your want and reduces the misapplication of state sponsored violence.