Do Not Just Throw In The Towel!
“I was drinking, might as well just plead Guilty…”
This is sometimes referred to as throwing yourself on the mercy of the court after being charged with a DWI in Missouri. The problem, that’s not really throwing yourself at the mercy of the court at all, it’s simply jumping off a cliff and holding on to a false hope that the world is fair without the effort to make it so. Throwing yourself at the mercy of the court is also not a very good idea in the state of Missouri. Remember, the safeguard of the presumption of innocence is a right you have to exercise, allowing the court to do as they wish is not exercising that right. The jury must presume you “not guilty”, but not the state, needless to say, the state is charging you with a crime, they presume you’re guilty; that’s their job! The reason why walking in alone and saying “have at it” to the prosecutor and the judge is a bad idea is that by doing so without the assistance of counsel, you are essentially giving the state full unbridled power to do what they want, and they are more than happy to take you up on that offer. It makes one wonder, in what capacity do we ever want the government to have full and complete power over us? Justice is achieved when two opposing sides present their positions. In this context, those sides are the state, with its nearly unlimited resources, experience, and connections with the court, and you, with very limited of each of those, and that’s not a fair fight any way you look at it. If you are not participating in the system, and simply giving up, justice will not be found, only a full and complete prosecution and annihilation will. So yes, to just walk in and plead guilty to DWI is nuts!
At the very foundation of our criminal justice system is the right to the presumption of innocence, the right to be heard, and the right to be represented by an attorney. Why? Because we don’t want a system of justice wherein simply because the government says you’re guilty, then you should be punished. These important Constitutional rights were set many years ago to ensure that our system of justice is fair. The “catcher” is, you have to use your constitutional rights, not simply lay them down and forget you have them. In a similar context, though unrelated to Driving While Intoxicated, it’s the same with other Constitutional rights; if you didn’t vote, you haven’t participated in the system, if you’re not taking advantage of all the applicable tax exemptions, you’re probably paying more tax than you should, and if you won’t use your insurance when you have a medical emergency, there’s a good chance you’ll get wish you had.
Remember, the scales of justice are scales for a reason, don’t jump off your side of the scale and assume the judge will keep things balanced. If you want justice, you have to work for it, and if you’re in the governments cross-hairs, you had better fight for it.
By: Guss Markwell
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