1) "Ở Mỹ, bạn không phải chứng minh mình vô tội" any fool in the US knows that. The government (State of CA) will have to prove, beyond a reasonable doubt, that the defendant (MB) is guilty of the crime that they are charged with in front of a jury
2) After being formally charged, the next pretrial phase would be discovery by MB defense team. Discovery is when the prosecution is required to turn over evidences, what evidences, be it in favor or not, varies by jurisdiction, to the defense counsel. Some states have only partial discovery in which the prosecution must turn over only that evidence that they determine has potential exculpatory value, meaning it might show the defendant is not guilty. Other jurisdictions have "open discovery" which means the prosecutor must turn over all the evidence, notes, investigative interviews, etc. that are in the case file and could possibly be used in the prosecution whether it favors the defendant or not.
3) Cases have been appeal and overturned base upon omission during discovery.
4) But this (pretrial phase) is where it gets interesting since the defendant has to be trial in a timely manner and many back and forth continuances and compromises are proposes. As for 6th Amendment, the defendant is guarantee to have a speedy trial. What is speedy? Speedy usually, but not inclusively, refers to within a year from the arrest date. Otherwise, the defense can request the indictment to be dismissed, the conviction to be overturned and or the sentence to be vacated? This strategy may be MB best ploy, requesting the courts to have all documents certified and translated by a court approval company into TS mongrel linguistics.
5) For the most serious charge, MB defense will attack the child credibility by digging into his personal and social behavior. Any criminal past, anti social, threats, truancy and etc behaviors.
6) As for the other charges involving the undercover detective, the defense will investigate the detective entire team's history, tendencies and or behavior that may get the collected evidences suppressed or thrown out since most likely the State would enter video/audio recordings esp. important may be the actual words that the detective used since their meaning in the US may differ from that of CSVN canine linguistic.
7) It would not be a big shock if this doesn't go to trial and MB accept a plea bargain with lesser charges say 2-5 years concurrently. With time of for good behavior and CA prison over crowding, MB may be out of sing sing and be deported back to CSVN doggie hell in 1-3 years.
Last edited by corumstation; 04-08-2016 at 05:06.
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