Tuliptiptoe
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Deceased/Not Found CA - Sierra LaMar, 15, Morgan Hill, 16 March 2012 #18 *A. Garcia-Torres guilty*
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MyTinkieGirl
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I'm sittin here scratchin my head....they need another month to decide if he says he did it or not??
So, AFTER they get the info, THEN the defense will decide if he did it or not??? LOL
Seems to me they'd have to wait till he makes a plea, like you said, no?
I'm sooo confused...LOL
http://law.lclark.edu/live/news/549...ime_victim_law_institute/for_victims/answers/
Hummm... confused too...
Looks like he doesnt have to plea before discovery...
"Arraignment:
After charges have been brought, whether by information or grand jury indictment, the defendant is arraigned. At the arraignment, the defendant is formally informed of the charges, given a copy of the indictment or information, and enters a plea responding to the charges. A defendant may enter a plea bargain at the arraignment. Even if a defendant does not enter a plea, the defendant may be released.
Discovery & Motion Practice:
Discovery is the pretrial process by which the prosecutor and the defendant exchange information and material about the case. Discovery is an intricate process governed by each jurisdictions rules of criminal procedure. It is important to remember that the criminal defendant has no constitutional right to discover information from the victim.
In addition to discovery, and often stemming from discovery, there is usually considerable pretrial motion practice. Motion is the name for the papers filed with the court asking it to do something in the case. Motions by the defense may include motions to dismiss the indictment, to suppress evidence, or to introduce specific evidence at trial such as rape shield evidence. Motions by the state may include a request for reciprocal disclosure or a request for defendant to disclose alibi or psychiatric evidence. A crime victims attorney may also bring motions asserting the victims rights. These may include motions to quash a subpoena, to protect a victims identifying information, or to preclude the press from certain hearings."
Hummm... confused too...
Looks like he doesnt have to plea before discovery...
"Arraignment:
After charges have been brought, whether by information or grand jury indictment, the defendant is arraigned. At the arraignment, the defendant is formally informed of the charges, given a copy of the indictment or information, and enters a plea responding to the charges. A defendant may enter a plea bargain at the arraignment. Even if a defendant does not enter a plea, the defendant may be released.
Discovery & Motion Practice:
Discovery is the pretrial process by which the prosecutor and the defendant exchange information and material about the case. Discovery is an intricate process governed by each jurisdictions rules of criminal procedure. It is important to remember that the criminal defendant has no constitutional right to discover information from the victim.
In addition to discovery, and often stemming from discovery, there is usually considerable pretrial motion practice. Motion is the name for the papers filed with the court asking it to do something in the case. Motions by the defense may include motions to dismiss the indictment, to suppress evidence, or to introduce specific evidence at trial such as rape shield evidence. Motions by the state may include a request for reciprocal disclosure or a request for defendant to disclose alibi or psychiatric evidence. A crime victims attorney may also bring motions asserting the victims rights. These may include motions to quash a subpoena, to protect a victims identifying information, or to preclude the press from certain hearings."
Doesn't surprise me AGT didn't plea today. I believe the PD needs more time to review the evidence in the case before a plea is made. Remember, in our justice system, the prosecution has to present irrefutable evidence in a murder one case, enough to convince a jury of his guilt. It's especially important that the PD represents AGT well so he can't claim incompetent representation later on should the DA prove the state's case. Murder is never taken lightly.
JMOO
JMOO
A little better description... Read Step 5 and 6
http://www.craigatkinsonlaw.com/practice-areas/10-steps-of-a-felony-criminal-case-what-to-expect/
http://www.craigatkinsonlaw.com/practice-areas/10-steps-of-a-felony-criminal-case-what-to-expect/
KrazyKatLadi
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Well of course he's going to draw it out as long as possible. I didn't expect much from the actual hearing, but was hoping for another PC. So frustrating for us...but what a nightmare for her family. 
TxLady2
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THANK YOU!! I was scrolling down getting ready to post when I read this.
ANY decent defense attorney is going to advise his client not to enter a plea until he has had as much time as possible to review the evidence against his client and build his defense. It's his right to have a fair trial, and the only way it can be fair is if his attorney knows everything he's dealing with.
It would surprise me if this went to trial in a year, probably closer to 2 years.
Fashionista_Gal
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Ok, so, I'm still trying to understand the court process here. Forgive my stupidity, LOL!
Here are my questions:
1. So, before July 10th, the state will have had to release what they have against him?
2. Today, he could have said he plead guilty or not guilty, correct? Seems like it would be best to say not guilty and bring this to trial, no? Would the defense attorney consider advising him to plea guilty? How often does that happen?
3. Did he not plea today because they wanted to buy more time? And how many times can one do this?
AGT's hair will be past his waist by the time this goes to trial, if ever. While he has a PD, he doesn't need to take the PD's advice, either.
With luck, Sierra will be found and it will provide further evidentiary ammunition for the prosecution.
I hope this doesn't turn into a mockery of the justice system, like several other high profile cases.
With luck, Sierra will be found and it will provide further evidentiary ammunition for the prosecution.
I hope this doesn't turn into a mockery of the justice system, like several other high profile cases.
cluciano63
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JMO he is going to plead not guilty anyway...
Any possible deal will come down the line, if Sierra is found before trial, etc...
It is not like he could not have pled today and then changed it, anyway, especially from "not guilty" to "guilty".
Any possible deal will come down the line, if Sierra is found before trial, etc...
It is not like he could not have pled today and then changed it, anyway, especially from "not guilty" to "guilty".
MyTinkieGirl
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I'm probably wrong, but the PD (public defender - I keep thinking "police department"...LOL) would only have the "reason for arrest" paperwork, which we've ALL read.....they wouldn't get all the discovery until he makes a plea, no??
Doesn't the accused usually plead "not guilty"....THEN get the info against him - discovery/results....THEN figure out the course of action on how to defend his client??
I don't have a criminal law background... it is a whole different game. That being said, there are as many motions as there are words in the English language. This could go on forever unless AGT cops to a plea agreement. Hard to know how he will proceed without any background information on him.
MyTinkieGirl
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Ha!! STILL right there with ya...LOL
I can't see giving over ALL the evidence, then deciding how to plead. I don't know the guy, but don't MOST accused people who deny even SEEING the victim plead "not guilty"???
It's like saying AFTER reading everything...hey, NOW I'll plead "not guilty" cause they ain't got nuthin on me......OR.....awwww, hell, I'm done...better work a plea.
Fashionista_Gal
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That's what I am trying to understand! It seems like they would say not guilty either way. So, maybe not pleading today was just to slow things down in hopes that they will learn more about the evidence the state has? But, does that state HAVE to reveal what they have at a certain time? I thought all was revealed after the plea also...Somebody help us out here! lol
I guess we just have to hope that LE will get even more evidence against him in the meantime. They need to find Sierra's body! The more time she is out there, the harder it will be to tell what happened to her.
PlainJaneDoe
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What does it mean that he waived a preliminary hearing? And why would you do that?
JDB
Tybee you will never be forgotten
I excepted this today. He only had PD a week there was no way he was going to even plea not guilty . Once yo enter a plea is when the clock starts ticking as far as going to trial iirc . This buys more time for his defense .
If he were truly innocent, I am sure he would want a speedy trial. Not entering a plea just to buy more time says to me that he is guilty. Do they have to keep him in a private cell? They should just let him sit in prison with the general population to ponder things until July 10th. JMO
southern_comfort
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I don't practice in Cali, but I think it just means the defense is not going to try to argue that there is not sufficient evidence to pursue the charges against the defendant. One reason to waive might be that they know they would lose (because the standard the prosecution has to meet at this point is very low), and all it would do is garner more bad publicity for the defendant before they are even out of the gate.
liltexans
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I guess AGT doesn't mind being in jail for the time being at least. I thought he might enter a plea (not guilty) only to try to get bail set. Not that they judge would have necessarily granted bail or AGT been able to make it if was set.
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