Police Offer Mom a Deal-Will she take it??

[Shazza]

If she doesnt take the deal and the evidence proves she was involved then she will get more than 2 years, if she takes it then she is admitting guilt and gets the 2 years but WILL SUFFER FOR THE REST OF HER LIFE.

 

[dark_shadows]

I do not know how the law is there.
In the US, police cannot make plea deals. If they have enough evidence beyond a reason of doubt or a confession, then the person will be arrested, booked and brought before a judge for bail arraignment. If a person is concidered a suspect and interrogated, then they wait for a confession to make an arrest. Otherwise, they are only a suspect.
If the person is arrested a procecutor is the one who offers a plea deal. If a person does not accept the deal, they go to trial.

Respectfully,
dark_shadows

 

[Texana]

They are going to lose their medical licenses and their children, they should have been upfront from the very start.

Most of us here knew their was something going on, but didnt have the evidence to back it up.

Exactly! If this is what they did, then they'll end up losing everything most certainly. If they had been upfront, with a good lawyer, they had a chance at salvaging something of their lives and keeping their remaining family intact.

 

[KansasCutie]

Wait, why would she only get 2 years?? Shouldnt it be life???

 

[dark_shadows]

Wait, why would she only get 2 years?? Shouldnt it be life???

Dear KansasCutie,:blowkiss:
Probably because there is no "2 years", they just want her to confess.

Respectfully,
dark_shadows

 

[Brefie]

Wait, why would she only get 2 years?? Shouldnt it be life???

Yes.....I cannot imagine why so little hard time was offered up....surely anything short of life would be preferable?
UNLESS, the PJ can kind of 'sucker-punch' them and get a really stiff sentence for abuse of a corpse and other charges they would SURELY face??

 

[Brefie]

Dear KansasCutie,:blowkiss:
Probably because there is no "2 years", they just want her to confess.

Respectfully,
dark_shadows

Don't the LE of any country have to honor any deal made? They should have to, imo. If they go too low, they should have to suck it up. Anything else is a GROSS abuse of power, no matter how much I want a perp to fry.

 

[concernedperson]

Yes.....I cannot imagine why so little hard time was offered up....surely anything short of life would be preferable?
UNLESS, the PJ can kind of 'sucker-punch' them and get a really stiff sentence for abuse of a corpse and other charged they would SURELY face??

That is what I am thinking. I don't think the LE is stupid and they know this high profile. I think this is a slam dunk for prosecutors.

 

[panthera]

OMG do you guys really think the mom killed her or knows who did? I still just can NOT grasp this...Never one time did I ever think her parents had anything what so ever to do with her disapearance.

I haven't posted on Madeliene's disappearance before but this news was kind of shocking to me also, since I thought at the most they were negligent to go to dinner and leave the kids alone in the hotel room ~ for several nights. I really did think it was the perfect set-up for some pedophile to grab her.

 

[dark_shadows]

Don't the LE of any country have to honor any deal made? They should have to, imo. If they go too low, they should have to suck it up. Anything else is a GROSS abuse of power, no matter how much I want a perp to fry.

Hello there dear Brefie,:blowkiss:
Police use many tactics to get a confession if there is not enough evidence to arrest. Deception plays a big part in interrogation.
There are also certain guidelines that the procecutor goes by when a plea deal is made. Anything can be offered for a confession in an interrogation, that does not mean that it is going to be followed through with by the state.
Respectully,
dark_shadows

 

[Brefie]

Hello there dear Brefie,:blowkiss:
Police use many tactics to get a confession if there is not enough evidence to arrest. Deception plays a big part in interrogation.

Respectully,
dark_shadows

Helloooooo ....how's you??

.......Absolutely, and I believe that's the way it should be UNTIL it gets to a plea bargain....then, I believe a deal is a deal. LE should NOT renege on that deal. I cannot imagine any lawyer would allow that to play out.

 

[dark_shadows]

Helloooooo ....how's you??

.......Absolutely, and I believe that's the way it should be UNTIL it gets to a plea bargain....then, I believe a deal is a deal. LE should NOT renege on that deal. I cannot imagine any lawyer would allow that to play out.

My dearest Brefie,:blowkiss:
I am doing very well and it is always a great pleasure to hear from you. Always my pleasure, dear Brefie.

As I said, I do not know how it is there. But here they cannot secure a sentence.
Many years ago here, there were two young men who were interrogated seperate and both were told that the other confessed. Interrogation= no solid evidence. The "other" did not, anyway one committed suicide shortly after being released on bail in belief that his friend confessed.

All of my Love and Respect to you,
dark_shadows

 

[Brefie]

My dearest Brefie,:blowkiss:
I am doing very well and it is always a great pleasure to hear from you. Always my pleasure, dear Brefie.

As I said, I do not know how it is there. But here they cannot secure a sentence.
Many years ago here, there were two young men who were interrogated seperate and both were told that the other confessed. Interrogation= no solid evidence. The "other" did not, anyway one committed suicide shortly after being released on bail in belief that his friend confessed.

All of my Love and Respect to you,
dark_shadows

DS....you charmer you....'tis MY pleasure
(I hope nobody thinks these are sarcastic swipes at each other )

It was my understanding that they can say anything until the 'what's on the table' time.

Although, I am surprised to learn no deals in the US since I watch 5 Law and Order's a day and they seem to always be making a deal.

I am more inclined to believe YOU than a tv show!!

 

[STEADFAST]

Well, you could knock me over with a feather! I had no idea anyone, let alone the authorities, suspected the parents.

I guess if I'd kept up on here, I wouldn't have been so shocked. Nothing gets past you guys.

 

[Elphaba]

Lets keep this in mind: the report of a "deal" being offered up, is via a McCann family member that claims to have heard it from Kate. We do not know if this deal is true... remember, Kate and them shouldn't be discussing the case in the first place, with others (how many times have we heard them say they couldn't disclose something due to the secrecy laws in place in Portugal... nothing has changed in that aspect)

Besides, read what this lawyer has to share about the laws of Portugal... if these laws are tried and true, then someone is lying out the bum about a deal being offered:

http://forums.mirror.co.uk/viewtopic.php?t=10485

 

[STEADFAST]

Thanks, Elphaba, for the link. Are there significant problems within the McCann family that would cause Mr. McCann's sister to put out this info falsely? Can anyone direct me to a discussion of the sister? I am so very confused.

 

[JanetElaine]

Lets keep this in mind: the report of a "deal" being offered up, is via a McCann family member that claims to have heard it from Kate. We do not know if this deal is true... remember, Kate and them shouldn't be discussing the case in the first place, with others (how many times have we heard them say they couldn't disclose something due to the secrecy laws in place in Portugal... nothing has changed in that aspect)

Besides, read what this lawyer has to share about the laws of Portugal... if these laws are tried and true, then someone is lying out the bum about a deal being offered:

http://forums.mirror.co.uk/viewtopic.php?t=10485

Thanks for that. I was wondering about how that worked in Portugal, as in most European countries the police are definitely not able to cut deals like that or set a punishment.

 

[dark_shadows]

DS....you charmer you....'tis MY pleasure
(I hope nobody thinks these are sarcastic swipes at each other )

It was my understanding that they can say anything until the 'what's on the table' time.

Although, I am surprised to learn no deals in the US since I watch 5 Law and Order's a day and they seem to always be making a deal.

I am more inclined to believe YOU than a tv show!!

My dearest Brefie,:blowkiss:
I do not forsee anyone here thinking that we are "taking swipes" you are very much Respected here and our fellow Websleuths know what an :angel: you are.
As far as Law and Order goes, I do not watch it. All I know is that the District Attorney's Office and the prosecutors deal with the evidence provided by LE. They are the ones who negotiate the plea deals.


All of my Love and Respect to you,
dark_shadows

 

[Shazza]

My dearest Brefie,:blowkiss:
I do not forsee anyone here thinking that we are "taking swipes" you are very much Respected here and our fellow Websleuths know what an :angel: you are.
As far as Law and Order goes, I do not watch it. All I know is that the District Attorney's Office and the prosecutors deal with the evidence provided by LE. They are the ones who negotiate the plea deals.


All of my Love and Respect to you,
dark_shadows

I too have thought the deals could only be made by the prosecutors and DA's, but as said before I too know nothing about the law in Portugal that could be related to this case.

 

[CaliKid]

From the Mirror Forums:

http://forums.mirror.co.uk/viewtopic.php?p=277731&highlight=#277731

I’m a Portuguese citizen. Incidentally, I am also a lawyer. While trying to remain unbiased, neutral and dispassionate, I thought it could be helpful to throw some light on:

i) the allegation that PJ has offered a deal to Mss. McCann in exchange of a confession; and
ii) the fact that no charges have been brought against Mr. and Mss. McCann

For the sake of objectivity and neutrality, facts are in ALL CAPS, my opinion in normal caps, so that you can distinguish the text of the law from my views on the case.

1 – PJ HAS NOT LEGAL POWERS TO SETTLE OR OFFER DEALS WITH CRIME SUSPECTS. IN FACT, NOR EVEN THE PUBLIC PROSECUTOR HAS SUCH POWERS. ONLY THE MAGISTRATE THAT JUDGES THE CASE IN A COURT OF LAW CAN DETERMINE THE PUNISHMENT /PENALTY APPLICABLE. I UNDERSTAND THIS TO BE QUITE DIFFERENT TO THE COMMON LAW JURISDICTIONS, NAMELY THE UK AND THE US.

This is common knowledge in Portugal. One of the first things taught in law schools is that our criminal system is not like in the (American) movies. The police do not cut deals. Nor the Public Prosecutor has the power to offer deals and settle with suspects. Only the Judge can determine the penalty. It is actually quite common for the judge to deviate from the accusation and proposed penalty presented by the Public Prosecutor (for example, the Public Prosecutor charges someone with murder and asks for a 20 years jail penalty but the Judge, while finding the defendant guilty, condemns him/her to serve only 18 years).

This is such a basic principle that no detective would try to pull this stunt with a lawyer present.

2 – ONLY THE CONFESSION MADE DURING A COURT HEARING IS LEGALLY VALID (SECTION 314 OF THE CODE OF CIVIL PROCEDURE).

It seems unlikely that the PJ would push for a confession that it is not legally valid. Of course that a confession would be a huge breakthrough in the investigations as it would rule out other scenarios and allow the police and the Public Prosecutor to build a case, but if Mss. McCann later (i.e., during the court hearing) denies what she has confessed, the originally confession cannot be considered by the Judge.

On a side note, this is why the questioning at the PJ is not recorded. Contrarily to what a British gentleman was saying this afternoon on SkyNews, the reason for not recording the interview is not archaism or lack of technical means – it is actually to protect the suspect against something he/she may later regret.

3 – PJ DOES NOT HAVE THE POWER TO CHARGE MR. AND MSS. MCCANN. THE PJ ROLE IS TO CONDUCT AN INQUIRY AND PUT TOGETHER THE FACTS. BASED ON THE FACTS GATHERED BY THE PJ, IT IS UP TO THE PUBLIC PROSECUTOR TO CHARGE (OR NOT TO CHARGE) THE SUSPECTS. THE PUBLIC PROSECUTOR HAS BETWEEN 6 AND 12 MONTHS (DEPENDING ON THE SPECIFIC CIRCUMSTANCES OF THE ALLEGED CRIME) FROM THE MOMENT ON WHICH THE SUSPECT IS NAMED “ARGUIDO” TO DECIDE IF IT PRESENTS OR DISMISS CHARGES – SECTION 276 OF THE CODE OF CIVIL PROCEDURE.

It seems that the focuses being placed on the fact that no charges have been brought against Mr. and Mss. McCann is deliberately trying to pass the message that the evidence is weak. Well, I don’t know if the evidence is weak or strong. What I do know is that from a procedural point of view there could never be charges at this stage of the process.

*

Personal feelings now. I am trained to and effectively believe that anyone is innocent until proven guilty and I am therefore applying this principle to my personal assessment of this case. I also have no problems admitting ,not I feel ashamed or inferior to acknowledge, that the British police is technologically more advance that the Portuguese and probably more experienced – it is a matter of scale. What I would expect from a serious corporation such as SkyNews – on which I have relied on many different occasions for information – is neutral coverage of the story. I would expect SkyNews to investigate Portuguese law before giving any credibility to the hysteric reaction and false accusations made by the members of Mr. and Mss. McCann family. They went to the point of cutting the Portuguese lawyer out the air.

The sister of Mr. McCann is lying. Such lye seems to be an attempt to make the PJ look desperate. Having been on the other side of PJ interviews many times before, I can assure that they never get desperate.

As a lawyer, I found the gentlemen that commented on this case for SkyNews during the afternoon unprofessional and incompetent. As a man, I think they are plain i*****.

I am not an English native speaker and I apologize for the grammatical and language errors, but I hope this helps clarifying the legal implications of what happened today.