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(Continued from Page 1 ) docket—weak cases with defective evidence.” In 99 cases of plea bargaining out of 100, the defendant enters a guilty plea, Luke noted. “We shouldn’t forget that. It’s better to walk away with that guilty plea than with an acquital because of a defect in evidence. Plea bargaining can be used as a tool to benefit the Commonwealth in those appropriate cases where we have defective evidence.”
Addressing nolle prosqui bargains (where the Commonwealth declines to prosecute charges with the stipulation that it can do so at a later date), Luke pointed out that anyone can swear out a warrant.
“The magistrate doesn't check for the truth. That comes later."
When that “later” arrives, the prosecutor sometimes discovers that the charges are based on “outright lies” or that the case belongs in a civil instead of a criminal court, Luke said.
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