Powell declares her plea deal was extorted.

[Pepsidog]

66. Penalties on some offenses are such that often a defendant will take a plea to mitigate the real chance of prison. For

example, about the time the pandemic started I was hired to represent a man charged with aggravate sexual assault. He was charged with having sex with a 13 yo girl of a family friend he lived with. It was by no means and open and shut case, my client had several defenses and the victim’s credibility was questionably. I think he could have won the case but if he didn’t and the jury found he guilty he would serve 25 years in prison without parole.

Because the pandemic stopped jury trials for 2 years he spent 2 years in the county jail. When trials resumed he was offered 5 years flat which means he would be immediately eligible for parole. He took that deal because if he didn’t and lost at trial he would spend the rest of his life in prison. Did he really have a choice? He said all the right words during his plea elocution and admitted he had sex with the minor. I’m not so sure he was guilty but the downside to jury was just way to massive to take the risk.

Criminal defendants often take a plea deal especially one like Powell’s to avoid exposure to prison. I think she took a first offender program that already had an alternative sentence if she violated her plea deal. As I recall, I wasn’t impressed by the penalties she would face if she did violate her agreement.