Ed-vise Episode 22

A going to the snow GOOD MORNING!!! to you all! Yup, off to some snow with the family on a Wednesday morning! Don’t get to do this often so I’ll enjoy it…even if it is cold.

What Would You Do Wednesday Ed-vise today. Cause it’s WEDNESDAY! And I do love WEDNESDAY!

I know it is only a show and fictional. I get it. In fact I have to laugh a bit when I heard that Gordon Ryan (big time BJJ guy) said he could beat up Rip. Of course you can! He’s a fictional character! But, maybe I am wrong on that because if the writers don’t like you, you will not beat up Rip.

But I digress

In Yellowstone we have a court case. The one where Summer is about to go to jail for beating up a cop. Life is the presumed sentence should she be found guilty. She enters a plea for a shorter sentence. The judge makes a big fat speech about responsibility and yada, yada, yada. Then, he drops the hammer, rejecting the plea agreement and sentencing her to something like FOREVER in prison. Sucks for her.

Here’s the deal. I get kind of frustrated on plea agreements. Reason being is many times the person entering the plea really has no understanding of what is going on. Furthermore, there are PROVEN times when the person is really NOT GUILTY but ends up taking a plea due to limited financial resources or pressure from the DA or whatever.

What Would You Do if you were innocent or faced with a bad plea?

It’s easy to be in the arm chair and say “if you’re innocent, don’t take a plea.” Easy for you to say. But if you have no money and have been painted a picture of no hope, a plea for a lighter sentence might seem a pretty good option.

In Yellowstone, the judge did not go with the plea deal. At that point, Summer DID have the option of withdrawing her plea! See, judges don’t get to surprise plea takers like that. They have a requirement to ask the defendant if they understand the crime they are pleading to, understand the sentence they are pleading to (both minimum and maximum), and have NOT been coerced or anything like that.

The court does NOT need to accept a plea. The plea is between the state and the defendant. However, the judge doesn’t get to surprise everyone with such a penalty as they did with little Summer! In fact, under Montana Annotated Code 46-12-211(4) if the judge decides not to go with the plea, the judge MUST, on the record (tell the defendant) offer the defendant the ability to withdraw the plea!

I know it’s fiction. Would have made a cooler story to offer the withdrawal, and allow her to do it. Then, in a massive trial, expose the hedge fund people and the complicity of the federal government! MAN that would be COOL! At least for me.

That’s it for today. Take care of yourselves. Check in on each other and remember Balloon Stores do not stay open long…it’s the high cost of INFLATING!!! HAHAHAHAHAHA


Published by edhlaw

Son, husband, father, uncle, nephew, cousin

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