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What is L.P. thinking?
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<blockquote data-quote="dannyboy" data-source="post: 412184" data-attributes="member: 484"><p>let me clarify my response</p><p> </p><p>if you shoot someone, they will charge you with several things, all the way from murder 1, murder 2, reckless homicide, and a dozen more. that way, depending on how strong the case and evidence is, they can fall back on several other charges that are lesser than the most serious charge.</p><p> </p><p>in this case, they have charged him with felony theft. that means that the amount stolen has to be greater than a certain amount. in our case $1000 or more. if it can be proved that the actual value is less than $1000, the case gets thrown out. if they can not prove (remember, this is America where you are innocent until <strong><u>PROVED</u></strong> guilty) that he physically stole the phone, then its over. anything else in the mix is not considered.</p><p> </p><p>and since they have not charged him with any lesser crimes, they are restricted to proving that the phone was actually worth $1000 or more, and that he physically took the phone from the package. that is something that ups could not and did not do at the hearing, and most likely will not be able to do at the trial. they have to prove both.</p><p> </p><p>from what was posted, there are no lesser charges so they would not be able to offer a plea to a lesser charge.</p><p> </p><p>it would seem they were going for the whole ball of wax without leaving themselves an out, per what has been posted.</p><p> </p><p>and as i said before, as long as i could afford the legal council, i would never plea if i was innocent.</p><p> </p><p>d</p></blockquote><p></p>
[QUOTE="dannyboy, post: 412184, member: 484"] let me clarify my response if you shoot someone, they will charge you with several things, all the way from murder 1, murder 2, reckless homicide, and a dozen more. that way, depending on how strong the case and evidence is, they can fall back on several other charges that are lesser than the most serious charge. in this case, they have charged him with felony theft. that means that the amount stolen has to be greater than a certain amount. in our case $1000 or more. if it can be proved that the actual value is less than $1000, the case gets thrown out. if they can not prove (remember, this is America where you are innocent until [B][U]PROVED[/U][/B] guilty) that he physically stole the phone, then its over. anything else in the mix is not considered. and since they have not charged him with any lesser crimes, they are restricted to proving that the phone was actually worth $1000 or more, and that he physically took the phone from the package. that is something that ups could not and did not do at the hearing, and most likely will not be able to do at the trial. they have to prove both. from what was posted, there are no lesser charges so they would not be able to offer a plea to a lesser charge. it would seem they were going for the whole ball of wax without leaving themselves an out, per what has been posted. and as i said before, as long as i could afford the legal council, i would never plea if i was innocent. d [/QUOTE]
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