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Old 09-09-2003, 07:51 PM   #31
Animal
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Join Date: March 29, 2002
Location: Canada
Age: 51
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Quote:
Originally posted by Larry_OHF:
I learned on CSI Miami that if the case appears to be equal on both sides, and no tangible evidence is presented against the person...the court has to go in favor of the defence.
I learned on The Roadrunner Show that you can launch a jet propelled rocket from a giant elastic band and hit the side of a cliff, then fall 200ft creating a crater on impact about 6feet deep and walk away from it.
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Old 09-09-2003, 08:10 PM   #32
Reeka
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Join Date: March 2, 2001
Location: Birmingham, Alabama, USA
Age: 70
Posts: 3,255
Stormy, so you know what your husband is facing in terms of a sentence for this thing? Is probation a possibility? Do y'all have any idea at all? When is his sentencing hearing?
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Old 09-09-2003, 08:33 PM   #33
Stormymystic
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Join Date: April 8, 2003
Location: Arkansas
Age: 48
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the lawyer assured the max he would get is a 5 yr probation time, but then that also comes after promising that we had it beat due to lack of evidence, so until the 22 of this month, there will not be a certain future, but I do know this, he is ex law enforement, and if he goes to prison, he will be killed due to all the gang members he locked away, or put in restraints while in the jail
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Old 09-09-2003, 09:04 PM   #34
Gangrell
Iron Throne Cult
 

Join Date: January 2, 2003
Location: Big Castle in the Sky
Age: 36
Posts: 4,835
Pardon my language and all, but it sounds like the judge has his head up his ass Stormy. How is the charge enough if there is no evidence that he did it or a testimony that was against him? I have seen a lot of this similar thing presented in The System, Forensic Files, FBI Files on Discovery, and it makes no sense to me how he gets charged with nothing pinned on him except suspicion. I know watching Court Tv doesn't make me an expert, but it gives me some basic knowledge of the court system and usually if there is nothing to be charged with, you don't go with "gut instinct" and say he's guilty anyway. That's for a jury to decide.
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Old 09-09-2003, 09:06 PM   #35
Cloudbringer
Ironworks Moderator
 

Join Date: March 1, 2001
Location: Upstate NY USA
Posts: 19,737
SM, I thought it was standard practice to make sure to put ex-police or other enforcement officials in jails away from their former precincts? I certainly hope you don't have to deal with it, but if so, I hope that's how it works!
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Old 09-09-2003, 09:21 PM   #36
Stormymystic
Knight of the Rose
 

Join Date: April 8, 2003
Location: Arkansas
Age: 48
Posts: 4,442
Quote:
Originally posted by Cloudbringer:
SM, I thought it was standard practice to make sure to put ex-police or other enforcement officials in jails away from their former precincts? I certainly hope you don't have to deal with it, but if so, I hope that's how it works!
here in Arkansas, there is no special jail, and he was put into the same pod as some he used to gaurd when he was arrested, luckly, they actually liked him, but there are the ones who had to have forceful removing to a different cell block, that is my big worry, all the jails and sub stations are being closed down for lack of funding(most of the money is going to the Clinton Library)so there is only one jail in all of the county
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Old 09-10-2003, 04:39 AM   #37
IAmThumper
Dungeon Master
 

Join Date: May 19, 2003
Location: Woodstock, Ontario, Canada
Age: 50
Posts: 93
I can barely believe this is actually happening.

If you can't get the judge to see reason than put the judge on trial. If you think the judge is not doing his job then you should be able to get the judge in trouble. Go to another judge(s) officially or otherwise or a government official. Get the community involved. Picket. Protest. Sue.

Real sorry to hear it though.
Good Luck
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Old 09-10-2003, 10:54 AM   #38
Bungleau
40th Level Warrior
 

Join Date: October 29, 2001
Location: Western Wilds of Michigan
Posts: 11,752
You may want to consider whether or not your current lawyer is capable of defending you in the case. Law starts out in university, like many other things. Some people really know what they're studying, learn it well, and are ambassadors for their profession. Others squeak by, passing exams by the narrowest of margins and lending credence to all the stereotypes about their professions. Hey, lawyer jokes generally have their basis in fact somewhere...

I'm no lawyer (nor do I play one on TV), and I would wonder what the specific criteria are for the specific crime I was considered to have committed. A logical analysis of why the judge has come to this conclusion will either explain his motives and reasoning, or will leave the water sufficiently muddy that it will be apparent that there is no straightforward reason.

Once you get to that point, you have the opportunity for media publicity to sway others (i.e. politicians) to your side. I don't know how it is in Arkansas, but here, the Attorney General is an elected position... and elections are coming up next year...

I also recognize that I haven't seen or heard all the facts or testimony that were presented. There may be more to the case, and more to what's been said. That's something your current (or replacement [img]smile.gif[/img] ) lawyer would be able to address.

Good luck to you.

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Old 09-10-2003, 12:05 PM   #39
Avatar
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Join Date: April 28, 2001
Location: Cambridge
Age: 40
Posts: 3,877
UK: Innocent until proven Guilty

everywhere else: Guilty until proven Innocent
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Old 09-10-2003, 12:53 PM   #40
Bungleau
40th Level Warrior
 

Join Date: October 29, 2001
Location: Western Wilds of Michigan
Posts: 11,752
Quote:
Originally posted by Avatar:
UK: Innocent until proven Guilty

everywhere else: Guilty until proven Innocent
I thought we started with the same basic principle here...
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