I was in the chambers of a judge I respect a great deal trying to reach a plea bargain in a complex case the other day. Well before trial, he made an offer of a given period of years in a case involving many alleged victims. After a trial in several of the cases, a trial in which my client was convicted, we were trying to settle the case all over again. Suddenly, the judge’s recommendation was that my client serve double the time initially offered to resolve the same universe of cases.
“How did my client suddenly become deserving of twice as much punishment?” I asked. I told the judge I thought he was imposing a trial tax, a penalty for having elected to go to trial.
