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Stupid comments to myself?
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Date Posted: 00:10:42 09/27/07 Thu
In reply to:
steward
's message, "Re: assault with bodily fluids" on 16:42:45 09/26/07 Wed
For starters it seems that you have no conception of how the criminal justice systems works. For one, unless you are a record or perhaps a document of some sort you were never subpoenaed to court, you may have been summoned. Secondly, if you were summoned before trial what exactly were you there for? A witness advocate works for the District Attorney not the court so I doubt that they summoned you there to find out what was on your wish list for sentencing. P.S. the judges "room" is referred to as a lobby. You think you are smart and you liked running off at the mouth with that big word “disposition”, but you failed to fill me in on what the outcome of your case was. I would draw an inference that it was probably dismissed, thus you were never called back for anything. So tell me how did that work for you? and what did you base the 2-5 F&A on? Most from and after sentences are for felonies. I know in your case, it was not charged as felony because the charge of A&B Upon A Guard can only be done in a superior court by way of a grand jury indictment, which you have no standing to seek. In the alternative I guess it good be bound over, but you never mentioned attending a probable cause hearing, and I am not referring to a clerk's hearing prior to an arraignment. so I feel fairly confident that it was never charged as a felony or if the complaint was ever issued at all. Another good point you failed to make is your opinion means absolutely nothing during sentencing, it either resolves through a lobby conference between the judge, ADA, and defense council, which results in a change of plea, gets dismissed, or it goes to trial. The judge has full discretion and sentences the guilty party to what they feel is appropriate. The ADA can only make recommendations within the sentencing guidelines and a defense attorney can only make a plea for minimal sentencing based on the defendants record and what a good person he is. A victim has absolutely no say in the matter and above all you must first get the guilty finding. So tell me how exactly are you helping anyone? All you are doing is giving people the impression that you can just run down and take out a criminal complaint, do nothing more, and the defendant will be convicted, no questions asked and you can throw your two cents in for sentencing.. Did you forget that the burden of proof (beyond a reasonable doubt) rests with the complaint and not the defendant. This is the real world not wally world. What exactly did you offer as evidence in the case, your lame misspelled, ill written, can't make any sense disciplinary report? Please fill me in!!! Why don’t you try to make an effort to enforce the rules and regulations that govern your department instead of hooking up (or allowing the guy you work next to) the very same cons that spit, shit and piss all over you on a daily basis. I know its all someone else's fault, but then again thats your answer for all of your departments short comings.
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