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August 23, 2017 Newswires
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The Times Herald-Record, Middletown, N.Y., Heather Yakin column

Times Herald-Record (Middletown, NY)

Aug. 23--Lately in Orange County Court, there has been a string of people who, having taken a plea deal, seem determined to throw away their last chance at a last chance.

On Monday, it was a kid, and by kid I mean a 16-year-old, who was awaiting sentencing for first-degree robbery. He was a strong contender for youthful-offender status that would seal his criminal record and get him a sentence of mostly probation.

He got arrested on a new charge. Now he might face a minimum of five years in prison.

A couple of weeks ago, it was the guy who pleaded guilty to felony reckless endangerment after hitting an ex-girlfriend with his car. On his sentencing date last month, the judge instead put a few things on the record: The defendant called the victim names during his pre-sentencing interview with probation, blamed her for his legal problems and portrayed himself as a victim, the judge said. The defendant, asked how he'd feel if the crime had been committed against him, the defendant answered, "I would feel like I deserved it because I did it to myself," the judge said.

Given all that, the judge said, no way could he impose the promised cap of one to three years. The reckless endangerment charge carries a maximum sentence of two and a third to seven years.

The defendant then took the opportunity to tell the judge, in an open courtroom, that he spoke to probation on a "horrible" day, and that he lost his career over the case. "It was an accident," he told the judge, and "she was running alongside the car, trying to attack me."

The judge adjourned the sentencing. We'll see what happens on that one. Prosecutors don't want to put the victim through a trial, but this one's the judge's call.

This is like a manual for what not to do when you're awaiting sentencing. There was the restaurant owner who admitted attempted arson and insurance fraud, but bungled the presentencing interview, twice. The contractor who, despite admitting his crimes at his plea, couldn't seem to fully admit them in the interview.

At every guilty plea, the judge advises the defendant that they must stay free from arrest, they must cooperate with probation and complete the pre-sentencing interview.

Many defendants manage to abide by all of this. Their lawyers tell them to express how sorry they are and to own up to their actions, and they listen.

And then there are the knuckleheads.

Pleas are taken under oath. If a defendant claims they're innocent during the presentencing interview, then the judge has to resolve the conflict before imposing sentence.

I won't tell you our justice system is ideal. I've seen people plead guilty to questionable charges to minimize their risk, seen them struggle to make admissions that actually cover the elements of the crime to which they are pleading guilty.

But I've also seen people argue that they're really innocent, while pretty much admitting to the criminal conduct as they try to make their point. It livens up the morning in court, but everyone else in the room knows things are going south.

And they know this means more delays for the crime victim.

So defendants, please keep your plea promises. And listen to your lawyer.

[email protected]

On Twitter @HeatherYakin845

___

(c)2017 The Times Herald-Record, Middletown, N.Y.

Visit The Times Herald-Record, Middletown, N.Y. at www.recordonline.com

Distributed by Tribune Content Agency, LLC.

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