It’s Still Illegal to Impose More Jail For Going to Trial

The original post on this topic is here: [More Jail for Trial? No!](/web/20240622025728/https://oberlaw.com/uncategorized/trial-wont-the-court-impose-more-jail/)

The Court of Appeals has reversed three convictions recently for judges imposing more jail on someone who went to trial:

State v. Robledo, 281 Or App 96 (2016) (Egan, J.) [Robledo opinion](https://web.archive.org/web/20240622025728/http://www.publications.ojd.state.or.us/docs/A152150.pdf)

State v. Bradley, 281 Or App 696 (2016) (Tookey, J.) [Bradley opinion](https://web.archive.org/web/20240622025728/http://www.publications.ojd.state.or.us/docs/A155858.pdf)

State v. Criswell, 281 Or App 146 (2016) (Garrett, J.) (this one was for a harsher sentence following appeal) [Criswell opinion](https://web.archive.org/web/20240622025728/http://www.publications.ojd.state.or.us/docs/A151745.pdf)

Point being, it’s really true: courts cannot use the sentencing power as a stick to force people into pleading guilty, and lawyers should not assist with it. It’s illegal, and it’s morally reprehensible.