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| Trials & Sentencing Criminal trials, representation, appeals, pardons, parole, plea bargains, etc. |
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02-13-2008, 08:56 PM
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#1 |
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Junior Member
Last Online:
02-18-2008 08:18 PM Join Date: Feb 2008
Posts: 2
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what the law
My son lost control of his car going around a corner, and put it through a bank window.He was a arrested with a owi, and 1.7 bac.(bank closed no one hurt). There was a plea agreement 1 yr suspended, 120 days no license, 40 hrs comm. service, and alcohol classes.Rebursement to bank. and hefty fine.
thats all fine he deserves that. Question is- the judge said he didnt agree with the plea agreement but would accept it,but threw in , in Nov 08 he has to take a polygraph and pass it for in illegal activity in the past year on probation if he fails he goes to jail the remainder of his sentence. I have a real problem with this, if there not reliable in courts, can a judge sentence him to jail if he fails it? or can a judge do what he wants.Ive talked to many people, and they have never heard of this before.I think his rights are being violated. have any answers? |
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02-18-2008, 12:35 PM
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#2 |
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Top Level Member
Last Online:
08-01-2008 09:27 AM Join Date: May 2007
Posts: 678
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Re: what the law
You don't have to agree to that but the judge can not accept the plea.
it is quite odd and very subjective and polygraphs very often are not accurate...discuss with the DA and see if something more reliable can be set up. |
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02-18-2008, 08:17 PM
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#3 |
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Junior Member
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02-18-2008 08:18 PM Join Date: Feb 2008
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Re: what the law
This was done when the judge sentenced him on Nov.21 2007.
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02-21-2008, 05:53 PM
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#4 |
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Top Level Member
Last Online:
08-11-2008 02:55 PM Join Date: Feb 2007
Posts: 302
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Re: what the law
That could have been appealed it would seem on a variety of grounds.
Maybe even now the judge could be asked to clarify how that is really supposed to be done. It is so subjective that it is almost unworkable. |
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