Women threw hot burrito bowl....

[Smugpugmug]

I guess it's been a few days since a thread has gone off the rails due to a tvguy argument...

Did Chipotle accidentally add beans to the order? Hope it wasn't chili.

 

[tvguy]

A municipal judge determines sentencing, not the DA.

If that is what that state's legal system requires, then I guess there was no choice. We don't even have Municipal Courts anymore in California.

 

[bcla]

Just read the article that said the defendant agreed to the punishment the DA proposed.

And? That's a plea agreement. Which has to be submitted to a judge who will have a hearing in a courtroom with the prosecution and defendant present. I remember serving on jury duty and seeing other courtrooms where there were lots of prosecutors and defendants (with their attorneys) waiting and lined up in the hallways for their cases to be called. From what I saw, some of these were taking a judge a few minutes as they were pro forma. It just happens the judge in this case got creative.

There is no way to cut the courts of this. It's an inherent part of the process.

https://www.ohiopa.org/pleaagreements.html​

Prosecuting attorneys are justice-driven. However, they understand that, no matter how strong the evidence may be, no case is guaranteed to end in a guilty verdict at trial. Plea negotiation is the process through which the prosecuting attorney and the defendant’s legal counsel work out an agreement on how the case should end, subject to approval by the judge and almost always by the victim, as well.​

 

[tvguy]

Because the DA cannot impose a sentence. They can recommend a sentence, but the court imposes it.

Depends on the state clearly. If that is the reason, then fine. Many states allow the DA to negotiate a sentence to avoid tying up the courts.

 

[tvguy]

And? That's a plea agreement. Which has to be submitted to a judge who will have a hearing in a courtroom with the prosecution and defendant present. I remember serving on jury duty and seeing other courtrooms where there were lots of prosecutors and defendants (with their attorneys) waiting and lined up in the hallways for their cases to be called. From what I saw, some of these were taking a judge a few minutes as they were pro forma. It just happens the judge in this case got creative.

There is no way to cut the courts of this. It's an inherent part of the process.

https://www.ohiopa.org/pleaagreements.html​

Prosecuting attorneys are justice-driven. However, they understand that, no matter how strong the evidence may be, no case is guaranteed to end in a guilty verdict at trial. Plea negotiation is the process through which the prosecuting attorney and the defendant’s legal counsel work out an agreement on how the case should end, subject to approval by the judge and almost always by the victim, as well.​

Yeah, I was on Jury Duty and we showed up for start of trial and the Judge said thanks, you can go home, the District Attorney and Defendant had reached a settlement out of Court. So state laws and processes vary.

 

[Robbie Cottam]

And that is my point. The courts didn't need to be involved.

I don’t think you understand how the legal system work.

Once a person is charged with a crime the courts are involved….

Even if the DA drops the charges the courts are involved.

If there is a plea deal, the court are involved.

Even if only To protect the rights of the citizen,

As soon as there is a charge the courts are involved….

Useless the arresting officer witness the crime The 4th amendment requires a warrant to arrest, who do you think issues the warrant ?

I personally would never want to be a criminal defendant without the courts involved

 

[bcla]

If that is what that state's legal system requires, then I guess there was no choice. We don't even have Municipal Courts anymore in California.

Plea agreements have to go through the court system in California. I'm kind of puzzled because I would have thought you would have known that having dealt with this in your profession.

 

[soccerdad72]

Yeah, I was on Jury Duty and we showed up for start of trial and the Judge said thanks, you can go home, the District Attorney and Defendant had reached a settlement out of Court. So state laws and processes vary.

That just means a jury wasn't needed.

 

[bcla]

Depends on the state clearly. If that is the reason, then fine. Many states allow the DA to negotiate a sentence to avoid tying up the courts.

That's not tying up the courts. Courts and judges are an integral part of signing off on any negotiated plea.

There was no trial in this case. She pled guilty and there were several hearings. Granted the judge in this case was clearly freelancing when he gave the offer of two months cut in exchange for working in fast food during that time.

 

[bcla]

That just means a jury wasn't needed.

Yup. There was no trial and no jury in this case. But there was a judge and a courtroom. I don't see why it's so controversial. That's how plea agreements work. If it works well, the judge is only spending minutes.

 

[tvguy]

Plea agreements have to go through the court system in California. I'm kind of puzzled because I would have thought you would have known that having dealt with this in your profession.

That is the basis for my belief. There were times we would go to cover a criminal case and the hearing was canceled because a settlement had between the DA and Defendant. And of course their are cases that get resolved without going to a Judge by using a Mediator.

 

[bcla]

That is the basis for my belief. There were times we would go to cover a criminal case and the hearing was canceled because a settlement had between the DA and Defendant. And of course their are cases that get resolved without going to a Judge by using a Mediator.

But ultimately the parties have to create paperwork and come back to a judge to sign off on it. It's supposed to be for the protection of the people and the defendant. There have been some prominent cases where a judge rejected a plea agreement and both sides went back to renegotiate.

 

[tvguy]

But ultimately the parties have to create paperwork and come back to a judge to sign off on it. It's supposed to be for the protection of the people and the defendant. There have been some prominent cases where a judge rejected a plea agreement and both sides went back to renegotiate.

Even at the misdemeanor level?

 

[wvjules]

Even at the misdemeanor level?

In this particular jurisdiction, it seems as if that the the policy. Not sure why you keep beating this horse when it's clear WHY the judge was involved. Not everything in the rest of the state, country, world, universe are the same in tvguyland.

 

[tvguy]

In this particular jurisdiction, it seems as if that the the policy. Not sure why you keep beating this horse when it's clear WHY the judge was involved. Not everything in the rest of the state, country, world, universe are the same in tvguyland.

Not questioning that is was the law there, just questioning the why. And spent 40+ years asking questions so it is a habit.

 

[bcla]

In this particular jurisdiction, it seems as if that the the policy. Not sure why you keep beating this horse when it's clear WHY the judge was involved. Not everything in the rest of the state, country, world, universe are the same in tvguyland.

It doesn't work any differently in California. If there's a plea agreement, a judge has to sign off on it. Even for a misdemeanor. That it involves a court and a judge should be totally noncontroversial. If it's done right it should be routine and only take a few minutes of a court's time. Granted this process in Ohio must have taken longer because the judge decided to get cute with the sentencing.

 

[Allison]

Always the oddest hills.

Right.

 

[john7994]

 

[SirDuff]

Not questioning that is was the law there, just questioning the why. And spent 40+ years asking questions so it is a habit.

But you didn't actually ask a question (and rarely do). As is your habit, you made a factual statement. A wrong factual statement, but a factual statement nonetheless. And then just dug your toes in about it.

 

[tvguy]

But you didn't actually ask a question (and rarely do). As is your habit, you made a factual statement. A wrong factual statement, but a factual statement nonetheless. And then just dug your toes in about it.

Ok, thanks.