guilty is pending future action, creating the false impression that almost all cases are ending as convictions.
Continuing to Move Cases
While COVID created all sorts of challenges, attorneys, prosecutors, judges, and law enforcement were sometimes able to find creative ways to move cases despite court closures. During the closures, some prosecutors spent a lot of time watching videos, evaluating them, and determining what, if anything, would be picked apart by the defense. This moved a lot of cases because prosecution was able to weed out weak cases that would best be handled via some sort of plea versus a trial. Very strong cases could be communicated to the defense as such in hopes of getting a guilty plea. Another method used were status conferences. During these conferences the prosecution and defense would meet, sometimes virtually and sometimes in person, to discuss cases and what would be the best plan of action to adjudicate certain pending cases. Having these conferences cut down on the number of continuances needing to be granted and was especially helpful on prosecution friendly cases. A third method that was used to move cases was to have defendants submit guilty pleas via affidavit. Courts even waived the requirement to have the affidavits notarized, which increased convenience and ensured COVID health and safety precautions were being maintained. Several counties also accepted a high amount of Driving with an Unlawful Alcohol Concentration (DUAC) pleas. This benefited the prosecution because the charge carries equivalent consequences to a DUI, while also sometimes being perceived as a benefit by the offender because they can say they did not get a DUI. Note: MADD South Carolina counts a DUAC as “guilty” just like a DUI in our court monitoring reports because the penalties are equivalent. Another way some prosecutors moved cases, though this is not completely specific to the COVID era, was to offer a reckless driving plea but with additional sanctions that mirror some of what the person would have received if they had been convicted of DUI, most notably completion of ADSAP (Alcohol and Drug Safety Action Program). ADSAP also includes an assessment of possible substance misuse treatment needs. Sometimes a MADD Victim Impact Panel (VIP) was also offered. While MADD recognizes these sanctions added onto a reckless driving plea are better than a “normal” reckless driving conviction and DUI convictions can often be difficult to get, we still urge caution around this approach as it is important to try to get DUI convictions whenever the facts of the case warrant that and any tendency to easily plea cases down without even heavier sanctions, like including participation in the ignition interlock program, is worrisome.
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