if you’re not guilty, why offer to plead guilty?

Raphael Golb

Raphael Golb is accused of multiple felony and misdemeanor counts of forgery, identity theft, impersonation, and aggravated harassment.

question: if you’re not guilty, why offer to plead guilty? why did raphael golb’s attorney offer a plea deal where raphael golb would plead guilty to lesser misdemeanor charges? according to the new york district attorney’s affirmation in response to the defense’s omnibus motion,  p. 2, fn 2, raphael golb’s attorney offered to have raphael golb plead guilty to all counts if the more serious felony counts were reduced to misdemeanors. apparently, the new york district attorney’s office declined.

2 Defendant’s gratuitous comment that “the People dragged their heels for more than 3 months before they indicted this matter” makes for entertaining reading, yet is inaccurate and invites a response. See Defendant’s Affirmation p. 2, par 5. First, the Criminal Procedure Law provides for speedy trial time periods, the People are well within these limits, and defendant cites no legal authority regarding his complaint of “foot dragging”. Thus defendant’s comment is without any legal basis. Second, the comment is without any factual basis. Defense counsel’s own requests to resolve this case with a misdemeanor guilty plea were one factor that helped delay the indictment. Given that defendant requested a misdemeanor plea offer, he should have been pleased that the People didn’t seek an indictment immediately. Finally, defendant is aware of the complexity of this case, voluminous search warrant material recovered on the date of arrest, and some of the results of the digital evidence examination. Thus, this matter was presented to the Grand Jury after careful consideration, planning, and preparation.

this raises the question: why did raphael golb(‘s lawyer) offer to plead guilty to lesser charges?  if you are guilty of misdemeanor counts in the case, you are still guilty! if you committed a crime, you committed a crime, whether it’s a misdemeanor or a felony.

again, as the evidence continues to comes out, the truth of the golbs’ entire campaign of deception and defamation is being laid bare.

One Response

  1. […] if you’re not guilty, why offer to plead guilty? (dec 17, 2009) […]

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