[I] am the wife of a man who has been falsely accused of something awful. We have an attorney who is competent, and who I have faith in. A few weeks ago he recommended my husband take a deferred adjudication, and he almost considered it out of fear even though he is 100% innocent.We’re both the 1st in our families to graduate from college, and it would all be thrown away for false allegations. I stayed up all night looking for info. that might change his mind. I found your blog and read one that discussed what you lose when you take a deal. Long story short, I woke him up at 3:43 am and he read it. The next day he politely declined the offer. I’m praying with all my might that justice will prevail.

The fact that Mark’s discussion of the consequences of cutting a deal served to make someone think is important.  He wants to make people think, and feedback that his post served its purpose brings satisfaction.

But, a real person made a real decision that will have a monumental impact on real lives based on a blawg post.  This is frightening.  The anonymous commenter says she has faith in her lawyer, who is competent.  Not exactly an overwhelming show of support, but enough to suggest that the proper response is to discuss the issues raised by Mark’s post with the attorney before making a decision.

It is impossible to know the facts of the case, the evidence against the defendant husband or the relative impact of a plea versus a conviction after trial.  And it’s unlikely that the commenter would be capable, because of bias and fear, to accurate assess all the factors that go into making a sound decision.  The prisons are filled with innocent people.  Believing with all one’s heart and soul that being innocent somehow protects you from conviction is foolhardy.  No one wants to see an innocent person convicted.

It is hard to imagine any lawyer reading this anonymous comment to not feel for the poster, and yet not recognize that her middle-of-the-night-panic-reading-of-blawgs-in-desperation is not the way to make decisions that could forever change many lives. 

Since she obviously was seeking something beyond the advice of her lawyer, perhaps this means it’s time to find another lawyer before making the decision, someone in whom she and her husband repose unquestioned trust.  But under no circumstances, none, should any person rely on a blawg post to make a decision of this consequence.  Blawgs are not a substitute for legal advice, no matter how good, how satisfying or how deeply you want to believe.