Misconduct in Plain Sight: Conditioning Plea Agreements on Release of Wrongful Arrest Claims
We suggest a two-pronged solution.
December 05, 2022 at 11:04 AM
4 minute read
It is a tale as old as time. The prosecutor says the defendant is guilty; the defense attorney says that the defendant is innocent. A plea agreement ensues. As a condition of that plea agreement, and to prevent a potential false-arrest lawsuit, the prosecutor demands that the defendant stipulate that the police had probable cause to arrest. The defense attorney agrees. The defendant agrees. The judge approves. Justice is served. Next case.
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