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Thursday, October 31, 2013

An introduction to the Don't Plead Guilty blog.

One of the biggest problems in our criminal justice system today is defendants everywhere feeling like they have no choice but to plead guilty.  Prosecutors, the police, and even the media have abandoned the idea that one is innocent until proven guilty, yet embraced the idea that constitutional rights are somehow a negative thing, only used by the guilty.  These factors, along with the harsh penalties associated with crimes like drug possession and DUI/DWI (driving under the influence or driving while intoxicated) the criminal justice system has become a revolving door of people accepting plea "deals"; pleading guilty without asserting a single constitutionally afforded right.

The fact is, the cases against defendants are rarely as air-tight as the state would have you, the defendant, believe.  Errors, constitutional violations, or the faulty reliance in poor "scientific" devices like breath tests that occur in the police investigations are more than just legal loopholes that can get a person out of trouble, they are the rules by which the government must play.  If the government is not playing by the rules, they should not be able to carry out sentences on the defendants in question.
Yet these errors happen every day, and because of the previously mentioned reasons, citizens plead guilty without the benefit of knowing what their actual rights are, if they were violated, not to mention actually having a trial on the facts.  This blog aims to change that by arming you with information that you need to avoid being pushed through the assembly line criminal justice industry.  We will discuss primarily drugs and driving while intoxicated or driving under the influence and the law as it applies in Missouri.  Hopefully you never need to know this information, but if you do, it is my aim to arm you the information necessary to avoid a guilty plea and the fines, jail, and permanent stain on your record that a guilty plea entails.

My name is Joshua Garrett, I am a licensed attorney practicing with Smith Law Firm in the city of Branson, Missouri.  I cover criminal defense cases in most of the Southern Missouri region.  Springfield, Ozark, Nixa, Branson, Greene County, Christian County, Taney County and Stone County.  I can be reached at (417) 544-0315.

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