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Prosecutorial indiscretion
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kimberman
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Post subject: Prosecutorial indiscretion  Posted: Thu Apr 17, 2008 3:31 pm |
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| Wise Elder |
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Joined: Thu Aug 11, 2005 7:48 pm
Posts: 2782
Location: St. Paul
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If it were YOU, would the County Attorney let you off with a misdemeanor???
Quote: A Dakota County deputy-in-training has been convicted of careless driving for cutting across traffic lanes in front of a motorcyclist, who hit the squad car and died last August. Deputy Joshua J. Williams, 29, was convicted Wednesday of the only charge, a misdemeanor, filed against him. * * * An assistant Hennepin County attorney prosecuted the case to avoid a potential conflict of interest in Dakota County. http://www.startribune.com/local/17851904.htmlAnother special deal for a member of the "special folk."
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joelr
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Post subject: Posted: Thu Apr 17, 2008 3:35 pm |
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| The Man |
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Joined: Sun Aug 07, 2005 5:43 am
Posts: 7970
Location: Minneapolis MN
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Misdemeanor manslaughter. Amazing.
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Just a guy.
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tman065
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Post subject: Posted: Thu Apr 17, 2008 7:18 pm |
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| Longtime Regular |
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Joined: Tue Dec 19, 2006 6:19 am
Posts: 810
Location: Northern MN
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http://www.startribune.com/local/17851904.html
Quote: He said gross negligence, involving driving under the influence or excessive speed or reckless driving, is needed to file a more serious charge. "The vast majority of fatals involve negligence, not gross negligence," Scoggin said. I've seen it before. For Vehicular homicide, you have to be "grossly negligent", or "intoxicated and negligent"
Gross negligence has been very hard to prove. This is often the conviction civlians receive when no alcohol or drugs are present at a fatal crash.
_________________
Proud, Service Oriented, Rural LEO, or "BADGED COWBOY"
Certified MN Carry Permit Instructor
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Dick Unger
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Post subject: Posted: Fri Apr 18, 2008 2:08 am |
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Joined: Sun Aug 28, 2005 2:54 am
Posts: 2444
Location: West Central MN
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For most people they'd charge the gross misdemeanor, and, if the victim's family was able to pressure them, they'd probably go to trial and let the jury decide if it was misdemeanor, I think.
Unless there was a pre-existing agreement for a gulity plea, they'd charge it as a more serious offense.
If you have an accident like this, hire an attorney immediately; don't talk about it to anyone, don't wait to see what you're charged with to see if you "need" an attorney. You do.
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tman065
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Post subject: Posted: Fri Apr 18, 2008 10:13 am |
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| Longtime Regular |
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Joined: Tue Dec 19, 2006 6:19 am
Posts: 810
Location: Northern MN
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Dick Unger wrote: If you have an accident like this, hire an attorney immediately; don't talk about it to anyone, don't wait to see what you're charged with to see if you "need" an attorney. You do. Ultimately the best free advice you'll ever get.
The question isn't "Can I afford and attorney?" It's "Can I afford NOT to have one?"
_________________
Proud, Service Oriented, Rural LEO, or "BADGED COWBOY"
Certified MN Carry Permit Instructor
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