TER General Board

Very interesting read on Federal prosecution strategy
vorlon 119 Reviews 1078 reads
posted

The way the government is is trying to basically prevent the accused from accessing their own resources to defend them selves and prevent them from having their day in court until it suits the government is particularly pernicious.

GaGambler142 reads

and one of the best written articles on the subject I have seen to date.

 
I also agree that the government's rather common practice of stripping a defendant of his resources to defend himself is downright scary.

imanalias131 reads

Policing for profit. They don’t even have to charge you with a crime. It’s common practice in Georgia. It’s understandable in some cases but simple traffic stops they can take everything and leave you stranded on the side of the road, and not even charge you. Don’t get pulled over with a large sum of money, they will consider it has something to do with a crime and you have to prove you earned it legally or they keep it.

white collar guys that were charged in the past (mostly insider trading), and all the Feds need to do is add a RICO count to whatever mixed bag of charges they put in the indictment, and they can freeze all of someone's assets.   For those charged under more common criminal charges, adding a drug-dealing charge will accomplish the same thing.  Both of these tactics ignore the rule of jurisprudence that you are "innocent until proven guilty", and its easy to see what kind of leverage the government has to get you to plead out instead of fighting the charges.  Many flimsy and/or bogus cases end in conviction where the person charged could otherwise have won in a trial, but didn't have the money to hire good attorneys because everything was frozen.  

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