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Old 06-14-2011, 01:46 PM
  #151
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I have to admit that I didn't read the entire thread, but I think the OP's buddy has a good chance of beating this if he fights. Generally speaking, there are several layers of discretion in the criminal system - the officer, the prosecutor, and the judge or jury. It seems the officer failed to exercise good discretion and determined that your friend was in actual control of an anchored boat. A good attorney will discuss the facts with the prosecutor in an effort to get the prosecutor to exercise his or her discretion to not prosecute (hey, they are people too and hate losing in court). If the prosecutor won't exercise his or her discretion to not take this forward, it is then up to your friend to convince a judge to exercise his or her discretion to interpret the law and facts and reach the conclusion that your friend, while legally intoxicated, was not in control of the anchored houseboat. Of course, if the judge sides with the prosecution or the prosecution appeals, there are higher courts (which usually have more common sense).

Good luck and keep us posted.

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Old 06-14-2011, 02:15 PM
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I looooove me some fount0442 posts! I really am addicted and it's kinda sad! Dude your on the beware threads popping off stolen & insurance stats. Every time you open your mouth its verbal diahrea and it's great. Start your own thread called fount0442s silly theories please!!!!
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Old 06-14-2011, 04:41 PM
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...its a well known fact in the CJ world...
You wouldn't by chance be in the MP's, would you?
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Old 06-14-2011, 05:35 PM
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Listen boy... I don't know a whole lot about law's ... hence me not being a lawyer ... just like you! You act like you know what your talking about ALL THE TIME!!! but it just lets your ignorance bleed through! I can fully admit what I do not know and where my weakness are. But I'm glad you can't, its quite entertaining. Now teach me and everyone else here a lesson.
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Old 06-14-2011, 06:02 PM
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Originally Posted by DucBoy View Post
I have to admit that I didn't read the entire thread, but I think the OP's buddy has a good chance of beating this if he fights. Generally speaking, there are several layers of discretion in the criminal system - the officer, the prosecutor, and the judge or jury. It seems the officer failed to exercise good discretion and determined that your friend was in actual control of an anchored boat. A good attorney will discuss the facts with the prosecutor in an effort to get the prosecutor to exercise his or her discretion to not prosecute (hey, they are people too and hate losing in court). If the prosecutor won't exercise his or her discretion to not take this forward, it is then up to your friend to convince a judge to exercise his or her discretion to interpret the law and facts and reach the conclusion that your friend, while legally intoxicated, was not in control of the anchored houseboat. Of course, if the judge sides with the prosecution or the prosecution appeals, there are higher courts (which usually have more common sense).

Good luck and keep us posted.

db
All fine and good, but once you have been issued a citation etc. and go through all of the above it is costing you time and money. That is what pisses me off, now its on YOU to prove your innocence, and the gov. sure as hell isnt going to reimburse you for your time/lawyer if you win and prove them wrong.

Last edited by hotjava66; 06-14-2011 at 08:25 PM.
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Old 06-14-2011, 06:17 PM
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All fine and good, but one you have been issued a citation etc. and go through all of the above it is costing you time and money
. That is what pisses me off, now its on YOU to prove your innocence, and the gov. sure as hell isnt going to reimburse you for your time/lawyer if you win and prove them wrong.
You are correct, money, money, money. And sometimes a loss of freedom, one of clients today was sentenced for three flat (three years New Jersey State Penitentiary). And that is after the damage was minimized, and it cost alot of money to get that result.

Now for the wrongly accused, like my DUI client(s) with a BAC of .04, which can happen, that type of client spends the money to fight for what is right, and keep his or her driving privileges. Money to prove your innocence. Money, Money, money. You are correct.

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Old 06-15-2011, 09:02 AM
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You are correct, money, money, money. And sometimes a loss of freedom, one of clients today was sentenced for three flat (three years New Jersey State Penitentiary). And that is after the damage was minimized, and it cost alot of money to get that result.

Now for the wrongly accused, like my DUI client(s) with a BAC of .04, which can happen, that type of client spends the money to fight for what is right, and keep his or her driving privileges. Money to prove your innocence. Money, Money, money. You are correct.

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3 years for a DUI?
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Old 06-15-2011, 11:12 AM
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Yes sir. Your 100% correct. As usual
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Old 06-15-2011, 11:17 AM
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Ps hope that rotted out turd you bought is serving you well. My opinion on that one... look at a 20+ year old boat in person before you buy it! !! Am I correct on that opinion?
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Old 06-15-2011, 01:36 PM
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If your trying to get some where in life a good lawyer or two or three are needed in so many situations. Buying houses,starting a business ,bui DUI,the list goes on and on. Lawyers when you need one can make the difference when **** hits the fan. It's a fukk or be fukked world we live in. The guy without the lawyer is usually the one bent over crying like a whore!
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