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  1. #1
    Join Date
    Mar 2008
    Posts
    7

    Default Local Politics Question

    Hello,

    My daughter (18) was arrested for retail fraud III a few days ago for lifting approximately $45 of goods from a local merchant. This is her first time in trouble with the law. The supposed friend she was with encouraged her to do this and was also arrested.

    We are financially well off and my daughter has access to her own money as well as ours when she needs things, so why she did this is a mystery that not even she can explain.

    My question is one more of local politics than anything else... we live in a relatively small community and I know individuals that work in the different levels of law enforcement, including the police and the local courts.

    I know a police officer and a court administrator who have indicated to me that these types of charges have been dropped before, based on who you are or who you know in the community.

    Is there any legal precedent for the prosecuting attorney to drop charges, if it is communicated to him/her that my daughter will be asking for a trial by jury (at which time she would get an attorney) and will be calling the above mentioned individuals to testify that others have received special treatment because of who they were or who they knew? Basically airing the system's dirty laundry.

    I am asking this question without my daughter knowing because in the end, I want her to pay restitution to the merchant (even though they did get their goods back in salable condition) and I want her to learn a life lesson, but I really don't want her to suffer the rest of her life because of a single stupid mistake.

    Thank you to anyone who can chime in on this.

    Jim

  2. #2
    panther10758 Guest

    Default Re: Local Politics Question

    Personally I am not in favor of the rich being excluded from punishment for crimes other pay for. However if you seek to have daughter face no consequences for her wrongdoing hire her a Defense Attorney. No one here is likely going to help your guilty daughter escape justice. That is not this sites purpose

  3. #3
    Join Date
    Feb 2008
    Posts
    578

    Default Re: Local Politics Question

    Quote Quoting jim1955
    View Post
    ...

    We are financially well off and my daughter has access to her own money as well as ours when she needs things, so why she did this is a mystery that not even she can explain.

    My question is one more of local politics than anything else... we live in a relatively small community and I know individuals that work in the different levels of law enforcement, including the police and the local courts.

    I know a police officer and a court administrator who have indicated to me that these types of charges have been dropped before, based on who you are or who you know in the community.

    Is there any legal precedent for the prosecuting attorney to drop charges, if it is communicated to him/her that my daughter will be asking for a trial by jury (at which time she would get an attorney) and will be calling the above mentioned individuals to testify that others have received special treatment because of who they were or who they knew? Basically airing the system's dirty laundry.
    Why not just get her an attorney and see if they can get her into a diversion program of some sort that would essentially dismiss the charge after the probation period?

    As to "Basically airing the system's dirty laundry." - Threaten to do that and you are simply creating trouble for both yourself and your daughter.

    1) It's very very doubtful that a judge would allow any such testimony. Testimony is limited to the facts surrounding the case, character of the accused being tried, credibility of witnesses, etc. - not what some other child or person "of privilege" received as a charge and/or sentence in any other matter.

    2) Do you really want to PO a prosecutor who may be in a position to recommend a diversion program or agree to other lesser charges and/or punishments?

  4. #4
    Join Date
    Mar 2008
    Posts
    7

    Default Re: Local Politics Question

    Thank you for the response Panther... we are not rich, I said my daughter has her own money (from working) and that we provide for her when she needs something (she is still in high school).

    I do want her to face the consequences, I just don't want this to follow her around forever because of one stupid decision/mistake.

    Jim


    Quote Quoting panther10758
    View Post
    Personally I am not in favor of the rich being excluded from punishment for crimes other pay for. However if you seek to have daughter face no consequences for her wrongdoing hire her a Defense Attorney. No one here is likely going to help your guilty daughter escape justice. That is not this sites purpose

  5. #5
    Join Date
    Mar 2008
    Posts
    7

    Default Re: Local Politics Question

    Hello Buzzard,

    Thank you for the information regarding diversion... I will mention it to her as an option.

    As far as the dirty laundry goes... how is it ever going to get cleaned up, if it doesn't get aired?

    Jim


    Quote Quoting 4eyedbuzzard
    View Post
    Why not just get her an attorney and see if they can get her into a diversion program of some sort that would essentially dismiss the charge after the probation period?

    As to "Basically airing the system's dirty laundry." - Threaten to do that and you are simply creating trouble for both yourself and your daughter.

    1) It's very very doubtful that a judge would allow any such testimony. Testimony is limited to the facts surrounding the case, character of the accused being tried, credibility of witnesses, etc. - not what some other child or person "of privilege" received as a charge and/or sentence in any other matter.

    2) Do you really want to PO a prosecutor who may be in a position to recommend a diversion program or agree to other lesser charges and/or punishments?

  6. #6
    panther10758 Guest

    Default Re: Local Politics Question

    Then be a good parent hold her accountable. Find her a criminal defense Attorney and as 4eyed suggest ask about Diversion

  7. #7
    Join Date
    Mar 2008
    Posts
    7

    Default Re: Local Politics Question

    Thank you Panther.

    Jim



    Quote Quoting panther10758
    View Post
    Then be a good parent hold her accountable. Find her a criminal defense Attorney and as 4eyed suggest ask about Diversion

  8. #8
    panther10758 Guest

    Default Re: Local Politics Question

    Quote Quoting jim1955
    View Post
    Hello Buzzard,

    Thank you for the information regarding diversion... I will mention it to her as an option.

    As far as the dirty laundry goes... how is it ever going to get cleaned up, if it doesn't get aired?

    Jim

    Then air in a manner that wont benefit you or your daughter. Your post suggest airing for her benefit to "drop" charges.

  9. #9
    Join Date
    Aug 2007
    Location
    Texas/Tejas
    Posts
    1,879

    Default Re: Local Politics Question


    I know a police officer and a court administrator who have indicated to me that these types of charges have been dropped before, based on who you are or who you know in the community.

    Jim
    Ah so it's a good-ol-boy system, Jim? A model of the corruption that encompasses the American justice system! A place where the well-known and well-to-do get by with murder, while the poor people have the door slammed in their face? Is this what you're talking about?

    I'm sure this is what our founding fathers meant when they said, "with liberty and justice for ALL!"

    Sorry guys, but I've fought against this corruption in my home county my entire life.

  10. #10
    Join Date
    Mar 2008
    Posts
    7

    Default Re: Local Politics Question

    Hello Panther,

    You are correct, my post did suggest that... after thinking about it, I will wait until this matter is resolved and then decide about what/if to do anything about the laundry.

    Thanks again,

    Jim


    Quote Quoting panther10758
    View Post
    Then air in a manner that wont benefit you or your daughter. Your post suggest airing for her benefit to "drop" charges.

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