Reference no: EM133491763
After Tom ran away from the accident scene, he was chased by the police and apprehended quickly. He agreed to a breathalyzer at the scene, which showed a result of .02. Tom was charged with leaving the scene of an accident that resulted in serious bodily injuries and driving under the influence of alcohol.
Tom feels remorse for his actions and is worried that he will lose his college scholarship along with his job. Attorney Cooper approached the state's attorney handling this matter and asked if there was a possibility of a plea bargain for Tom.
He explained that Tom felt remorse, was willing to do community service, had never been in any trouble before and was a volunteer with a youth group at his church.
The state's attorney offered a plea bargain for Tom of probation before judgment with 1 year suspension of driving license, 100 hours of community service and following reissuance of a driving license, participation in the Ignition Interlock System Program for two years. If all of the conditions of this agreement are met, the criminal charges will be dropped and Tom can petition the court to have his arrest record expunged.
Attorney Cooper wants me to research Maryland law to see if this is a good solution for Tom. I need to research relevant caselaw and statutes to see what the penalties Tom is facing and whether this plea bargain is advantageous for Tom.
Attorney Cooper always appreciates efficient writing. He expects the results of your research in a memo.
SOCIAL JUSTICE ISSUE
As an addendum to the memorandum I need to compose a note to Attorney Cooper expressing my personal assessment of whether plea bargaining, in this case or in general, furthers social justice in the American legal system. If so, how so; if not, why not.