Criminal defendants, especially ones who are in custody and hope to enter a plea, love comparing their cases with other criminal defendants’ cases. “My cellmate was facing the same charges and got a deal to probation. Why is my deal to prison time?” In most instances, they’re comparing apples to oranges. His cellmate didn’t have any priors and didn’t commit the offense while on probation. Of course, that’s not always the case. The disparity in treatment may be real, and the two defendants may be similarly situated. Differences could be caused by an ineffective defense attorney. The defendant may have a lazy public defender who sees no point in trying to get a better offer. He may have an appointed attorney who gets paid extra … Read entire article »