Found Deceased CA - Blaze Bernstein, 19, Lake Forest, 2 Jan 2018 #7 *Arrest*

[SleuthDr]

I think usually they negotiate a plea deal after the preliminary, when the Defence has had some time to review the evidence.

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Much will hang on items which have surfaced before, but bear repeating as we enter this preliminary phase:
1) The exact nature of the murder itself, stab wounds etc (from the autopsy report). Full forensics will certainly involve photographs of the deceased.
2) The murder weapon, if they found it. This is still an open question to the public, but if prosecutors suggested a charge of "murder with a personal weapon", as they have, I suspect they may have been able to connect SW to the actual murder weapon. Crossing fingers.
3) Surveillance tapes from the school across the street. Can SW and/or vehicle be identified?
4) What can be made of SW's association with various neo-nazi groups, in the sense of amplifying the charges?

For any legal types here: does a plea bargain necessarily involve an agreed-to sentence? (I imagine so).

Could SW plead guilty to first degree murder and still be confined for life without parole?

 

[Gussified]

<snipped>
For any legal types here: does a plea bargain necessarily involve an agreed-to sentence? (I imagine so).

Could SW plead guilty to first degree murder and still be confined for life without parole?

Not a legal type, but Larry Nassau pled guilty with no pre-determined sentence. It’s possible the prosecutor could agree not to seek the death penalty in exchange for a guilty plea. IMO. But that assumes there’s enough evidence to seek a death penalty to begin with.

 

[PaperDoll]

Though their home is small, according to Zillow, it is likely worth $2-3 million. (location, location, location) Still, not $5 million. But for all we know, they have other property. I&#8217;m sure no one would want to tie up all their money and property in bail, but we&#8217;ll see what they do.

Yes, location, location, location. I grew up in Huntington Beach which borders Newport Beach. My parents bought their house back in '73 for $45,000. They both have passed on, mom just died this past August leaving the house to us 3 kids which was appraised at $845,000. The house is 3 1/2 miles from the beach. House is old and we did a complete remodel. Orange County is pricey compared to other areas. People do not need to be rich to live there though. :blushing:

 

[Jonesjones]

Much will hang on items which have surfaced before, but bear repeating as we enter this preliminary phase:
1) The exact nature of the murder itself, stab wounds etc (from the autopsy report). Full forensics will certainly involve photographs of the deceased.
2) The murder weapon, if they found it. This is still an open question to the public, but if prosecutors suggested a charge of "murder with a personal weapon", as they have, I suspect they may have been able to connect SW to the actual murder weapon. Crossing fingers.
3) Surveillance tapes from the school across the street. Can SW and/or vehicle be identified?
4) What can be made of SW's association with various neo-nazi groups, in the sense of amplifying the charges?

For any legal types here: does a plea bargain necessarily involve an agreed-to sentence? (I imagine so).

Could SW plead guilty to first degree murder and still be confined for life without parole?

The DA will weigh in on the victim’s familiy’s wishes in regards to offering a plea. Being that the max is life (given the current charges) it’s unlikely that would be the plea offer, or the defense would assume try the case. They typically bring a more appealing offer than the max. He is looking at 25 yrs to life for the charge of murder and one additional year for the weapon, I believe, at this point.

 

[Whiteorchids]

I'm in OC too. I happened to be at an event yesterday and overheard an OC cop saying that when SW gets bailed out he will wear an ankle monitor. It's only a matter of who will be paying for the monitor, but he will be wearing one.

That doesn’t make me feel better. Remember a few years ago the two serial killers Cano and Gordon here in the OC both cutoff their ankle bracelet monitors then killed 4 girls and possibly a fifth.

There are too many links to list so I only listed two.

https://www.google.com/amp/s/www.cb...d-4-women-while-on-gps-is-sentenced-to-death/

https://www.google.com/amp/ktla.com...sted-in-suspicion-of-killing-4-o-c-women/amp/

 

[Jonesjones]

Not a legal type, but Larry Nassau pled guilty with no pre-determined sentence. It&#8217;s possible the prosecutor could agree not to seek the death penalty in exchange for a guilty plea. IMO. But that assumes there&#8217;s enough evidence to seek a death penalty to begin with.

The death penalty is not an option for his current charges. It&#8217;s 25 yrs to life. They would need to add &#8220;special circumstances&#8221; for that to be an option and he probably, even with a jury, not be sentenced to death. Pleas don&#8217;t involve death as an option or nobody would take the plea.

 

[Milenalee]

It absolutely is legal to set an impossibly high bail. The standard for murder is 1 million, which to most is still impossibly high. Honestly, he’s lucky he got bail at all.

If they pay the bail w/o a bondsman they will get 100% back so long as he doesn’t get arrested again or run.
The bail has nothing to do with any fines.


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I read that if he is convicted, either they come up with 5 million cash, and get it back minus court fees if he always shows up and keeps his conditions. (or cash and property but property is counted at half its market value). In order to only pay 500k cash (10%) they use a bondsman who pockets the 10 or possibly 8%. I'm not sure what guarantees the bondsman has though. Maybe everyone in the family would have to offer up their houses....up to close to 5 million? Or maybe they would just say too high to risk.


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[Jonesjones]

It absolutely is legal to set an impossibly high bail. The standard for murder is 1 million, which to most is still impossibly high. Honestly, he&#8217;s lucky he got bail at all.

If they pay the bail w/o a bondsman they will get 100% back so long as he doesn&#8217;t get arrested again or run.
The bail has nothing to do with any fines.


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well, the Eight Amendmentmeant states otherwise. I wouldn&#8217;t be surprised if they try to get the bail lowered.

https://www.law.cornell.edu/constitution/eighth_amendment

 

[Whiteorchids]

The DA will weigh in on the victim’s familiy’s wishes in regards to offering a plea. Being that the max is life (given the current charges) it’s unlikely that would be the plea offer, or the defense would assume try the case. They typically bring a more appealing offer than the max. He is looking at 25 yrs to life for the charge of murder and one additional year for the weapon, I believe, at this point.

I’m sure there will be a plea deal offer OC loves their plea deals. I think it will be a second degree heat of passion or manslaughter. I don’t think Blaze parents would want to go through a trial with defense making SW the victim and putting Blaze on trial that would be so difficult for his dear loving family. It’s sickening.

 

[PetDetective]

I read that if he is convicted, either they come up with 5 million cash, and get it back minus court fees if he always shows up and keeps his conditions. (or cash and property but property is counted at half its market value). In order to only pay 500k cash (10%) they use a bondsman who pockets the 10 or possibly 8%. I'm not sure what guarantees the bondsman has though. Maybe everyone in the family would have to offer up their houses....up to close to 5 million? Or maybe they would just say too high to risk.


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They’re in the business of taking risks. For 500,000 I’m fairly certain they would be happy to help them.


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[Jonesjones]

I&#8217;m sure there will be a plea deal offer OC loves their plea deals. I think it will be a second degree heat of passion or manslaughter. I don&#8217;t think Blaze parents would want to go through a trial with defense making SW the victim and putting Blaze on trial that would be so difficult for his dear loving family. It&#8217;s sickening.

I agree. I don&#8217;t believe the Bernstein&#8217;s want to go through a trial. Many people think that they do, so that they can see justice, but that is so trying on a family.

 

[Whiteorchids]

I read that if he is convicted, either they come up with 5 million cash, and get it back minus court fees if he always shows up and keeps his conditions. (or cash and property but property is counted at half its market value). In order to only pay 500k cash (10%) they use a bondsman who pockets the 10 or possibly 8%. I'm not sure what guarantees the bondsman has though. Maybe everyone in the family would have to offer up their houses....up to close to 5 million? Or maybe they would just say too high to risk.


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It’s five million owed if he flees goes on the run as a fugitive missing the hearings. Being convicted has nothing to do with the bail. They will not get the 10% back either way.

 

[Gussified]

The death penalty is not an option for his current charges. It’s 25 yrs to life. They would need to add “special circumstances” for that to be an option and he probably, even with a jury, not be sentenced to death. Pleas don’t involve death as an option or nobody would take the plea.

Right, I agree. Not with the current charges. I meant assuming they compile enough evidence to make it a death penalty case, i.e. hate crime, then a plea agreement could take that off the table. Of course, no one would take a plea that imposes the death penalty!

Basically, a plea agreement would generally involve pleading guilty to a lesser charge. IMO. But the judge would still determine the sentence. The prosecutor and defense argue for a certain sentence, but it’s ultimately up to the judge. Again, MOO.

 

[Jonesjones]

Right, I agree. Not with the current charges. I meant assuming they compile enough evidence to make it a death penalty case, i.e. hate crime, then a plea agreement could take that off the table. Of course, no one would take a plea that imposes the death penalty!

Basically, a plea agreement would generally involve pleading guilty to a lesser charge. IMO. But the judge would still determine the sentence. The prosecutor and defense argue for a certain sentence, but it&#8217;s ultimately up to the judge. Again, MOO.

Ahhhhh. Ok. I thought you were discussing the charge being murder.

Plea deals are actually negotiated between DA and defense lawyer. If that doesn&#8217;t work, they will go to trial and in the case the defendant is found guilty, a judge decides the terms.

 

[Gussified]

Ahhhhh. Ok. I thought you were discussing the charge being murder.

Plea deals are actually negotiated between DA and defense lawyer. If that doesn’t work, they will go to trial and in the case the defendant is found guilty, a judge decides the terms.

Right, but even if the DA and defense attorney agree to a plea deal, the judge still determines the sentence, right? The judge is of course constrained by the max term for the agreed-upon charge.

 

[PetDetective]

well, the Eight Amendmentmeant states otherwise. I wouldn’t be surprised if they try to get the bail lowered.

https://www.law.cornell.edu/constitution/eighth_amendment

“Instead, “the only arguable substantive limitation of the Bail Clause is that the government’s proposed conditions of release or detention not be ‘excessive’ in light of the perceived evil.”23 Detention pending trial of “arrestees charged with serious felonies who are found after an adversary hearing to pose a threat to the safety of individuals or to the community which no condition of release can dispel” satisfies this requirement.24

Bail is “excessive” in violation of the Eighth Amendment when it is set at a figure higher than an amount reasonably calculated to ensure the asserted governmental interest.25 If the only asserted interest is to guarantee that the accused will stand trial and submit to sentence if found guilty, then “bail must be set by a court at a sum designed to ensure that goal, and no more.”26 To challenge bail as excessive, one must move for a reduction, and if that motion is denied appeal to the Court of Appeals, and if unsuccessful then to the Supreme Court Justice sitting for that circuit”


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[Milenalee]

It’s five million owed if he flees goes on the run as a fugitive missing the hearings. Being convicted has nothing to do with the bail. They will not get the 10% back either way.

If they use a bail bond company they don't get the 10 % back, but the if they could me up with the whole amount somehow themselves they would get it back, no?


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[Milenalee]

Right, but even if the DA and defense attorney agree to a plea deal, the judge still determines the sentence, right? The judge is of course constrained by the max term for the agreed-upon charge.

The plea deal usually includes a minimum time served before a possibility of parole. (The board can always decide not to let someone out). I think it was mentioned above as well. I don't think the judge is involved.

I agree with whiteorchids, he will probably plead guilty to manslaughter....I would think they wouldn't offer too short a sentence. And I'm sure everyone wants to avoid a trial.

But I want to know the answers to the mystery of where all the blood went, motive etc. I hope we can learn at least the most important elements.


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[Whiteorchids]

If they use a bail bond company they don't get the 10 % back, but the if they could me up with the whole amount somehow themselves they would get it back, no?


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Family needs collateral for the 5 million in the event he becomes a fugitive. 500,000 they will not get back even if he goes to all the hearings. If he becomes a fugitive the 5 million will have to be paid.

 

[Mica]

Bail is simply an amount of money that is deposited with the court to ensure that you show up for all court proceedings. You can post your bail in cash with the court, and you will then be released from custody. However, if you fail to show up in court, you forfeit the money to the court. Sometimes due to the severity of the crime and the court's uncertainty about whether a defendant will show up for trial, a large bail will be set.

If the defendant does not have enough cash to post the entire bail, the court will accept a bail bond. A bail bond is a promise by an insurance company to pay the entire amount of the bail if a defendant does not show up for court proceedings. The insurance company, through a bail bond agency, will charge a premium for posting the bond. For example, if the court requires $10,000 in bail, the insurance company could charge a 10 percent premium, or $1,000, to post the bond. The company will also require a guarantor to sign for the bond as well. This person will guarantee to pay the insurance company the $10,000 if the accused does not show up.

If the accused appears at trial, the court returns the insurance company's bond, and the insurance company keeps the $1,000 for posting the bond. However, if the accused flees, the insurance company loses the $10,000 it posted with the court and will require the guarantor to reimburse them for it. The company may also hire investigators to find the accused and bring him or her to court. If they are successful, the company's bond will be returned.

http://www.attorneys.com/felonies/how-does-bail-work