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  #1  
Old 02-22-2007, 01:55 PM
shinerbock shinerbock is offline
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Come on, if it really appears the guy was acting in good faith, he's a responsible citizen, not a criminal.
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  #2  
Old 02-22-2007, 01:56 PM
James James is offline
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I agree. Although he should have to fix the door

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Originally Posted by shinerbock View Post
Come on, if it really appears the guy was acting in good faith, he's a responsible citizen, not a criminal.
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  #3  
Old 02-22-2007, 02:12 PM
GeekyPenguin GeekyPenguin is offline
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Originally Posted by shinerbock View Post
Come on, if it really appears the guy was acting in good faith, he's a responsible citizen, not a criminal.
Totally agree. That county is notorious for overcharging crap and then pleading it so they can be "tough on crime" so I'm betting he'll end up pleading down to a disorderly. I think he should take it to trial if they don't dismiss and demand a jury trial.
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  #4  
Old 02-22-2007, 03:22 PM
Drolefille Drolefille is offline
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Ok, in this situation, shouldn't the other owner really be the one who determines if charges are pressed or not? I mean, if he backs down and says, eh, whatever, would there still be charges or can the state press them on its own?
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  #5  
Old 02-22-2007, 03:44 PM
GeekyPenguin GeekyPenguin is offline
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Originally Posted by Drolefille View Post
Ok, in this situation, shouldn't the other owner really be the one who determines if charges are pressed or not? I mean, if he backs down and says, eh, whatever, would there still be charges or can the state press them on its own?
No, the state makes all charging decisions. This causes a lot of problems like in domestic violence cases where the victim will call the DA a few days later and say "Oh, I didn't really want to call the police, it's not a big deal, blah blah..." but at that point the victim has no say. They lose control of the case when they call the police.
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  #6  
Old 02-23-2007, 07:23 PM
JonoBN41 JonoBN41 is offline
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Originally Posted by GeekyPenguin View Post
No, the state makes all charging decisions.
Not necessarily true. I once caught a co-worker stealing from our family business and called police. They refused to press charges. They said "I" had to press the charges, meaning I could have said no. Perhaps it depends on the nature of the crime, and/or the jurisdiction.

In this case, the guy with the sword didn't have a phone, so I would assume the other guy called in the complaint and pressed charges.

Who has swords? I do! Two of them - just like on our coat of arms!
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  #7  
Old 02-23-2007, 07:34 PM
GeekyPenguin GeekyPenguin is offline
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Originally Posted by JonoBN41 View Post
Not necessarily true. I once caught a co-worker stealing from our family business and called police. They refused to press charges. They said "I" had to press the charges, meaning I could have said no. Perhaps it depends on the nature of the crime, and/or the jurisdiction.

In this case, the guy with the sword didn't have a phone, so I would assume the other guy called in the complaint and pressed charges.

Who has swords? I do! Two of them - just like on our coat of arms!
If they said you had to press the charges then you probably didn't meet the standard for criminal theft and they may have meant you had to go civil.

I am very very familiar with this area (I would say more but, you know, crazy people on the interwebs) and I would be absolutely shocked if the DA was willing to drop it.
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  #8  
Old 02-23-2007, 07:41 PM
JonoBN41 JonoBN41 is offline
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No, I had to actually say out loud, in front of everybody, "I want him arrested", whereupon the cops put him in handcuffs and took him away in a police car. It wasn't all that civil.
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  #9  
Old 02-26-2007, 06:20 PM
CutiePie2000 CutiePie2000 is offline
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Originally Posted by shinerbock View Post
Come on, if it really appears the guy was acting in good faith, he's a responsible citizen, not a criminal.
I so agree. I remember watching some True Crime Stories on A&E and people could hear a woman being murdered and no one did jack about it and then the murderer killed 2 or 3 more people being being caught. They could have nipped it in the bud right then and there if they'd done something.

I am LMAO about the fact that he had a sword but no phone.
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