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Thread: Felony charge dropped because it could affect wealth manager's job

  1. #31
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    Re: Felony charge dropped because it could affect wealth manager's job

    Quote Originally Posted by jamesrage View Post
    But if the crime carries a certian number of years in prison then some prosecutor or judge can not lower the crime.
    You're still talking about a mandatory sentence, before the verdict has been rendered. You can't start a case by saying 'here's the mandatory sentence, now what level of crime are we going to charge the defendant with?' It's charges first, then trial, then if guilty, a mandatory sentence might come into play.

  2. #32
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    Re: Felony charge dropped because it could affect wealth manager's job

    Quote Originally Posted by Whovian View Post
    You're still talking about a mandatory sentence, before the verdict has been rendered. You can't start a case by saying 'here's the mandatory sentence, now what level of crime are we going to charge the defendant with?' It's charges first, then trial, then if guilty, a mandatory sentence might come into play.
    A hit and run is still a hit a run. Did dropping it from a felony to a misdemeanor change that is what he is being charged with? With Mandatory sentencing the prosecutor couldn't metaphorically toss any rich boy salad by lowering a hit and run felony to a hit and run misdemeanor.
    "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear"

    Cicero Marcus Tullius

  3. #33
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    Re: Felony charge dropped because it could affect wealth manager's job

    Quote Originally Posted by jamesrage View Post
    A hit and run is still a hit a run. Did dropping it from a felony to a misdemeanor change that is what he is being charged with?
    No. Apparently, doing so means he can't just pay his way out of it; this way, he loses his drivers license, may serve jail time, and it goes on his permanent police record.


    DA explains controversial plea bargain


    Despite what is implied in the Vail Daily, Dr. Milo never asked me to plea Mr. Erzinger to a felony. Dr. Milo asked that I plead Mr. Erzinger to a felony deferred judgment and sentence.

    What this means is that Mr. Erzinger would plead to a felony leaving the scene of an accident, and the judgment would be set aside.

    In either two or four years, as long as Mr. Erzinger met certain conditions, the case would drop off his record and he would be allowed to seal this case. Since there was no alcohol or drugs involved, the only conditions I could legally ask for were that he pay restitution and stay out of trouble.

    Given that he had a clean history, Mr. Erzinger would essentially have been able to write a check, and the case would then be dismissed. On top of that, while Dr. Milo was still probably recovering from his injuries, Mr. Erzinger would be able to say that he had no criminal history and even deny that anything had happened. That is not something I could stomach.

    I therefore offered that Mr. Erzinger plead guilty to leaving the scene of an accident and careless driving causing serious bodily injury.

    This means that for the rest of his life, Mr. Erzinger will have on his record that he carelessly drove, caused another human being serious bodily injury and left the scene. He will lose his driver's license, face potential jail time as determined by the judge and still have to pay restitution, which as I said in the Vail Daily is important to us but not an overriding objective in the plea.

  4. #34
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    Re: Felony charge dropped because it could affect wealth manager's job

    Quote Originally Posted by danarhea View Post
    And I was attempting to inject a little humor into the conversation, which seems to have gotten lost on you.
    collateral damage my friend



  5. #35
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    Re: Felony charge dropped because it could affect wealth manager's job

    Quote Originally Posted by CaptainCourtesy View Post
    Turtle... I have a question. As an attorney, what do you think of the outcome of the situation described in the OP? Does it seem legit to you? Do you think that it was advantageous for the man charged to be wealthy? Do you think that the prosecutor did something unethical? I understand that you probably don't know all the details of the case... nor do any of us, but I'm curious as to your professional opinion.
    I will read up on the facts when I get home later tonight and do my best to give an opinion. As you can see I was not making specific comments about the case in question but rather the system as a whole which is --at least at the federal level--a very good system when compared to other countries. The sensational murder case in Italy involving the American college girl (and Italy has to be seen as one of the most advanced nations in the world) demonstrates how good our system is.



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