The Sphere
General Garbage => Tropical Paradise of Hard Shelled Fruits => Topic started by: The D on Apr 13, 2005, 02:45:59 PM
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I went to my preliminary hearing, and I can't say it's a success because my case wasn't thrown out, but I got a deal I might be forced to take.
If you don't know what a preliminary is, it's where the prosecutor must convince a Grand Jury or judge that there's enough evidence to go through with a trial, and any plea bargains are given. Strangely enough, in the state of michigan, there's no Grand Jury, just a judge, even though the Fifth Amendment states: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury." So doesn't that mean Michgan's courts are violating the Fifth Amendment?
Anyway, I heard that the victim was going to testify, and most likely on my behalf. She was sitting on the other side of the court room from me. But when she found out her mother was going to be there, she started to cry and get really emotional. She eventually left and my attorney told me she was talking to the prosecution.
So, we waived the preliminary. Waiving means that the case automatically goes to trial, and it's a decision only the defendant (me) can make. Normally, one waives if they feel whatever evidence will be presented will be damaging to their defense, or they're given a good plea bargain. I was afraid that, with the victim being so emotional and unstable, and having talked to the prosecutor, that she'd say something damaging towards me. By waiving, I was given the bargain of pleading guilty to one charge and getting no more than 12 months in jail.
Afterwards, the victim came to me (even though I was supposed to stay away from her), apologized, and said her mother scared her and that she hated her.
See, I don't know if I mentioned this, but the victim's parents are devorced. She lives with the father. The mother's the complaintant, the one pressing the case and working with the prosecution. The father is good friends with my family, and my family hates the mother for various reasons, one of them was once when she babysat me as a toddler, she hit and abused me to the point of giving me a black eye.
I think this is some kind of deranged custody and family feud going on here.. I know the mother wants the children for herself, she's an alcoholic, she never works, and she owes the father $30000 in child support. She even has a warrant for her lack of paying child support.
The daughter wants this case thrown out... but I doubt she can do this because she's under 18, her mother's a bitch, and the system's screwed. So I might have to take the plea rather than go to trial and face prison time.
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Fuck that bitch. Good luck ^^
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12 months would be better than 13, good luck to you.
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I dunno. If the daughter's testimony favors you, and she testifies to that effect....It could really favor you.
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(http://www.aquateencentral.com/images/screengrabs/thecloning/thecloning10.jpg)
"This is your left and that's your right
This is your right and that's your right
This is your left and that's your left
This is your right and Doug's gonna fry..." *melody*
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You know, on my Livejournal I got a lot of people saying I should never take a plea bargain and should fight it to the end. "Taking a plea is admitting guilt."
Or maybe it's just saving my ass. Trials are lengthly and not fun, and you never know the outcome. Juries can either be sympatheic or tightwads. In my case they'll probably want to stone me to death.
On one hand, I take a plea, I never have to go to prison at all, I get on probation and might have a tiny bit of jail time. The only really bad thing about that is I get a criminal record I can expunge after about 5-10 years. Getting a job or a place to live in the meantime is gonna be difficult.
On the other hand, I got a trial. I may get acquited, or I'll be convicted and probably put in prison for a few years (or, if the Judge's a real ass, 20-30 years). There's a 50-50 chance there. It's like gambling, I don't know the outcome. There's a huge risk but also a chance for freedom.
So, you either take the known route, and plea, or take the unknown route and hope to god it goes your way and you don't get fucked in the process.
God damn I love the US justice system (ok, not really).
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"Taking a plea is admitting guilt."
Or maybe it's just saving my ass. Trials are lengthly and not fun, and you never know the outcome.
don't take shit and if she drops the charges file a lawsuit against her ass for agravation. thats the only good thing you could do.
God damn I love the US justice system (ok, not really).
i know this country is fucked up. i KNOW im from a third world country, but our legal system is not as dumb as this one. i.e: sueing MC.D's because it made you fat? FUCK THAT, and i have 10000000000000000000 more examples if anyone here wants to know
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The US has a justice system now? When'd they start that? I haven't heard about it, just this weird completely subjective unreliable self-contradicting penal system they got going on.
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"Taking a plea is admitting guilt."
Or maybe it's just saving my ass. Trials are lengthly and not fun, and you never know the outcome.
don't take shit and if she drops the charges file a lawsuit against her ass for agravation. thats the only good thing you could do.
God damn I love the US justice system (ok, not really).
i know this country is fucked up. i KNOW im from a third world country, but our legal system is not as dumb as this one. i.e: sueing MC.D's because it made you fat? FUCK THAT, and i have 10000000000000000000 more examples if anyone here wants to know
People in the thirdworld don't sue, becuase there is the secret police that will kill your ass.
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theres no secret police, thats only in cuba
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Bullshit, you can't blame everything on the Carribean.
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im doing it right now
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The Carribean secretly repairs my shoes while I'm sleeping.
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:lol:
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I'd be more willing to go to court if I knew the system even worked, but it's failed in the past.
You've got movies like The Green Mile, or The Fugitive that seem like fiction, but have happened to real people before. Black people and others were convicted years ago because of the color of their skin or due to bad evidence or crooked cops, only to be released later because DNA tests showed them to be innocent. Innocent people do go to prison.
I watched a documentary about a guy who was convicted to life without parole for murdering his wife in florida on evidence I considered circumstantial. There was a question whether the autopsy had been botched, and the family of the wife even thought he was innocent, but he almost got death. 2 years later, they found out the autopsy tests had been contaminated and were faulty so he was released. Juries are biased as fuck.. we should have intellectuals and think tanks on jury duty, not judgemental hicks.
Then there's Bernie Ebbers, former CEO of WorldCom, who's been convicted of fraud, and now faces life in prison. Sure, he's a greedy CEO bastard, but life is excessive for this kind of crime. It's not like he killed or raped anyone. If anything, a more appropriate punishment would be to make him work in a sweat shop for the rest of his life on $1 a day.
http://www.cbc.ca/story/business/national/...ers-050418.html (http://www.cbc.ca/story/business/national/2005/04/18/ebbers-050418.html)
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Then there's Bernie Ebbers, former CEO of WorldCom, who's been convicted of fraud, and now faces life in prison. Sure, he's a greedy CEO bastard, but life is excessive for this kind of crime. It's not like he killed or raped anyone. If anything, a more appropriate punishment would be to make him work in a sweat shop for the rest of his life on $1 a day.
http://www.cbc.ca/story/business/national/...ers-050418.html (http://www.cbc.ca/story/business/national/2005/04/18/ebbers-050418.html)
While this might be considered proper punishment to people who think, the court says that a guy being raped by large black men for the rest of his life is not cruel or unusual punishment.
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As far as the punishment fitting the crime goes, I do think the punishments in some cases need to be more appropriate, however, if the duder's guilty of fraud, let him rot. He knew what he was doing. People shouldn't be allowed to go around committing crimes because they think they'll just get a slap on the wrist or a fine.
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Im sure he can buy a good sugar daddy in prison to protect him
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I've got a sweet tooth
for licorice drops and jelly rolls.
Hey sugar daddy,
Hansel needs some sugar in his bowl.
I'll lay out fine china on the linen
And polish up the chrome
and if you've got some sugar for me,
Sugar Daddy, bring it home.