United States v. Hawkins: The Buyer-Seller Rule
United States v. Hawkins addresses an issue that comes up
in discussion among defendants and lawyers all the time: Does
a buyer of drugs really have a connection to the seller except
as a customer? The law recognizes the distinction and says
that simply being a buyer is insufficient to warrant a finding
that the buyer is the seller’s conspirator. Unfortunately,
there are exceptions to the law.
In Unity There is Strength
In a recent case in Washington, DC an important lesson was learned that should be of interest to people awaiting trial in multi-defendant cases. The defendants acted and negotiated as a group and as a result were successful in their defense. In most multi-defendant cases each defendant goes his or her own way, and that only plays into the prosecutors’ hands. It breaks up the only strength the defendants have: their numbers.
Guilty Plea with an Exception
There is no such thing as a "plea of guilty with an explanation." If you feel the need to explain your reason for pleading guilty to the judge, forget it. If you plead guilty, you are guilty—no "ands," no "ifs," and especially no "buts." You are simply guilty and will be sentenced as such. There is no winking in criminal law.
|