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  #21 (permalink)  
Old 01-14-2007, 08:53 AM
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I agree with Bubba....The judge is the final checks/balance in the equation. The judge screwed up.

And FD, yes the judge can get in trouble. Anyone can file a complaint to the judicial review board or to the State Bar. These complaints do get investigated by an oversight board which then chooses appropriate punishment which could be anything from admonishing, citation and even disbarment. These become part of the judges public record and too many of these will result in early retirement for the judge.

Judges do make mistakes, especially in the smaller towns where the buddy system seems to be more prevalant and sometimes they need a reality check. I know, I have done it and successfully had the judge admonished for improper conduct. Anyone remember my $500 speeding ticket? The fine was justified simply for "wasting the courts time". Well the judge got a reality check by the review board and the fine was thrown out. Just ask judge Freelove. Problem is, most people don't report it or go through the trouble of the complaint process. If more people did, the judges might be a little more careful about what they do and say, making sure it falls within the spirit of the law.
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  #22 (permalink)  
Old 01-14-2007, 12:04 PM
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wordsmythe,

Of course it's not the judges responsibility to give career advice. However, it's done alot.

There is no doubt (to me) that the C.A. and the Judge are friends and they do communicate on that basis. Either way, justice was not served. Both the Judge and the C.A. have served us poorly!
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  #23 (permalink)  
Old 01-14-2007, 12:56 PM
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On the other hand ... let's suppose this case went to trial and the jury handed down a not-guilty verdict. (Not very likely, but juries are notoriously unpredictable.) Would an acquittal be a better outcome than a plea agreement?

The plea agreement in this case may seem distasteful to some. But consider this: Because he pleaded out, the defendant has a conviction on his record. And if he violates the terms of his probation, he will be sent to prison.

Plea agreements are generally unpopular with the public — and sometimes there's good reason for that. But if every case went to trial, the criminal justice system would move even more slowly than it does now.

I am neither attacking or defending the plea agreement in this case - just pointing out the other side of the issue.
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  #24 (permalink)  
Old 01-14-2007, 01:05 PM
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THANK you!
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Old 01-14-2007, 03:21 PM
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The only reason a plea agreement should be given is if the evidence is too weak to present a strong case against the accused. The way I read it was they had what amounted to a confession and of course there would always be the testimony of the victim. So, one of 2 things should have happened, the defendant could plead guilty and be sentenced, or take it to trial.
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  #26 (permalink)  
Old 01-14-2007, 03:40 PM
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there's probably sunthin none of us know............... but I do know what Quietly said is true............ ya just can't second guess somethin ya don't practice......... I get pissed at some of the outcomes I read but I have to rely on the fact that another gang banger, karma, or just plain greed is gonna catch up to em sooner or later. But in this country and many others - money will buy ya freedom.............. not in all cases here but I do believe money will set ya free many times. Course we aren't perfect but I don't wanna move elsewhere for a different system - even tho it sucks now and again. Like the Border Patrol agents - thier career is ruined - drug dealer is free............... WTF???
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Old 01-15-2007, 08:15 AM
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If they put the guy on probation and he F**ks it up then doesn't he automatically go to jail without any type of trial or time and money spent? Based on his past he WILL f**k up the probation...only think that sucks is that someone will have to be a victim.
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  #28 (permalink)  
Old 01-15-2007, 08:26 AM
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Army, that is the way it is SUPPOSED to work............the reality is quite different. First he has to be caught messing up, next the probation dept. has to violate him if he does mess up. It is their decision and if they decide it is not that bad then nothing happens. I personally knew many people on probation who repeatedly violated their terms and nothing happened.
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  #29 (permalink)  
Old 01-15-2007, 10:04 AM
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I believe you are correct Dutchman. If this guy already had several misdemeanors and felonies on his record then somewhere along the line he was probably on probation. From what I have heard from a probation officer, a persons probation can temporarily be pulled and they are arrested. Unless the new charges are actually pursued and person convicted then its too bad so sad. Also there has to be a severe enough new conviction to violate the terms of the probation. Like another person said, judging from this persons criminal history it will be just a matter of time before he strikes again. Unfortunately someone else, or even the same person, will be a victim.
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Old 01-15-2007, 02:05 PM
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You can thank society and the "it's not thier fault" fellers for that - which actually makes me wonder what party was this judge from?........ I always vote Rep for judges.............. they are usually harder on crime........ but I have seen some that make ya wonder.

Lots of advocate groups feel even the molester deserves a chance to right the wrong........... they also believe no wrong is righted in prison.......... so when thanking the judge and DA........... make sure you send a thank you note to everyone.
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