Ok, so to get everyone up to date, someone broke into my car a few months ago, stole my registration, insurance card, hospital ID, and radio card (the one with the reset code). A few weeks later, they wind up pulling someone over who just happens to have all that stuff in his glovebox, so he gets arrested, appears to be the thief. The trial is scheduled for July something or other, I go, sit for 3 1/2 hours, and then the judge offers him a jury trial for a later date, which he accepts. He didn't have an attorney, claiming he went to the Pro Bono office and was denied because his income was too high, but couldn't otherwise afford a lawyer. The new date was set for today at 9:15 this morning. After much trouble with the State Prosecutor, I finally find out 5 minutes before I'm leaving that it's been postponed...again...as of Wednesday. School starts next week, so my chances of being able to go are pretty slim, at least, my chances without repercussions. I was pissed off when it happened, pissed off more when it got postponed, now I'm just about ready to bash this bitch's head in with a brick.

Anyway, lawyer HT fellas/ladies, I think the chances of him being convicted are pretty slim. The charge is theft less than $500, and they didn't get any fingerprints off my car, just found the stuff in his glovebox. My question is though, if this was just an easy out for him, why would it be postponed? I'm assuming it's his attorney's doing, as the prosecutor sounded annoyed as well. Any ideas?

 

Welcome to the wonderfully slow, inefficient, and annoying world of the American legal system. In my educated opinion, even when this reaches trial, unless he has priors, you will not see him get anything more than probation. Unless you have a claim for restitution, this guy is going to get off pretty easy (although I don't know the specific laws of your state, this is likely to be the outcome). Even if he is given a fine, you won't see any of that $ anyway, so just be glad they caught the guy before he could get the entire car.

 

Ask if you qualify for restitution. Otherwise, forget it. My mother's business was held up and the guys who did it ended up serving less than a year.

She got less than half what they stole back as restitution, which she promptly used to buy a .357 magnum.

 

yea its pretty slim and depends on what he was charged with , probably recieving stolen property or something like that, but i doubt he was charged with breaking into your car, due to that being more hard to prove at this point. let us know what happens

 

what is he actually being charged with?

 

I'll let you guys know, though it'll be a few weeks before the next trial apparently. He is charged with "Theft less than $500", which is sorta...weird, because I'm not sure they can prove he was the one who actually stole it, unless he confessed or something, at which point he should also be charged for breaking and entering. So I'm not sure. I don't expect to get any money out of this, and nothing was broken, so I don't need to replace anything. If it were up to me, and I was thinking about this this morning as I waited for the phone call that didn't come...I'd have to decide between having him sent away for at least 18 months (maximum penalty) or maybe offering that I'd drop the charges if he let me beat the **** out of him. Instant gratification, or longer term suffering...

As I go through this, I'm surprised at how the entire system seems to be on the side of helping the accused. He gets to postpone it, he gets to decide if he wants trial by jury, and if he doesn't get his **** together, they help him out. I feel almost like I'm at fault for something, the way they're treating me.

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by sscguy &raquo;</TD></TR><TR><TD CLASS="quote">

As I go through this, I'm surprised at how the entire system seems to be on the side of helping the accused. He gets to postpone it, he gets to decide if he wants trial by jury, and if he doesn't get his **** together, they help him out. I feel almost like I'm at fault for something, the way they're treating me. </TD></TR></TABLE>

Innocent until proven guilty. Unless its a traffic ticket of course, in which case, you are guilty until proven innocent and its the cops word against yours. Damn crooked *** cops and court systems.

I hate to say it but I think this dood is gonna walk. I dont think they have enough evidence to prove he was the one that stole it. And if that was the case, they should charge him with breaking and entering as well. Good luck

 

find out where he lives and get your own retrobution.

however thats against the law.... hmm well dont rely on the gubment for anything.

 

Post his full name and address. It's public info anyway.

 

I'm also thinking he'll get off, but it's worth a shot. He was enough of a dumbass to not procure a lawyer for himself. As for his name, that's been discussed and I won't be posting that until after the trial is done. Even then, I won't have his address, so that's out, along with "personal retribution." Oh well, maybe I'll catch him in the act next time...

 

"""Innocent until proven guilty. Unless its a traffic ticket of course, in which case, you are guilty until proven innocent and its the cops word against yours. Damn crooked *** cops and court systems. """

Truer words have never fkn been spoken....lol

 

The system sucks.
One of my friends use to be a cop, and he has tons of **** stories about the system.

Once he said they went to pull over this crackhead, and he took off. Crackhead wrecked his car, ran into wood, cops got him, and arrested him. This was at the start of their shift. At the end of their shift 8-9 hour later, the pass the crackhead on the highway. He was released THAT quick!!!

The system has too much sympathy for bad people.

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by twuelfing &raquo;</TD></TR><TR><TD CLASS="quote">find out where he lives and get your own retrobution.

however thats against the law.... hmm well dont rely on the gubment for anything.</TD></TR></TABLE>

Great idea! That way sscguy gets to learn the legal system as a victim AND a criminal. Damn we sure have some brilliant people here on HT! for the excellent idea!

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by twuelfing &raquo;</TD></TR><TR><TD CLASS="quote">find out where he lives and get your own retrobution.

however thats against the law.... hmm well dont rely on the gubment for anything.</TD></TR></TABLE>

Yea, retribution, that's not bright at all.

 

Since he has seen your ownership and registration he knows where you live. Aren't you worried that once all this blows over he may come directly to your house and steal the car. He may be able to get keys made (why else would he steal that stuff?)

Taking the legal system into your own hands is not that bad of an idea if you are smart about it. Probably going to his house and beating him senceless is a bad idea but... there is more than one way to get your point across. Personally I would not rely on the law for justice. (Isn't OJ a free man?)

 

I was worried about him knowing my address over the summer, but I'm not living there now so it's not too much of a problem. As far as taking the law into my own hands is concerned, I have to admit that I would get a great deal of satisfaction out of sending the bastard to the hospital. However, as unfair and disappointing as it is, I would be the one to get in trouble (prison time for sure, fines, maybe sued). Given that, unless it's a clear case of self-defense I won't be beating the crap out of anyone. For those more knowledgeable on law, if I catch him in the act of breaking into my car, am I allowed to whoop *** then? I'd like to know my limitations before I do something like that, just in case.

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by sscguy &raquo;</TD></TR><TR><TD CLASS="quote">I was worried about him knowing my address over the summer, but I'm not living there now so it's not too much of a problem. As far as taking the law into my own hands is concerned, I have to admit that I would get a great deal of satisfaction out of sending the bastard to the hospital. However, as unfair and disappointing as it is, I would be the one to get in trouble (prison time for sure, fines, maybe sued). Given that, unless it's a clear case of self-defense I won't be beating the crap out of anyone. For those more knowledgeable on law, if I catch him in the act of breaking into my car, am I allowed to whoop *** then? I'd like to know my limitations before I do something like that, just in case.</TD></TR></TABLE>

I don't think that most states allow you to "whoop ***," unless it's self-defense, so say your feared harm if you do. I'm not even sure if you are allowed to protect your property, other than your dwelling. Depends on how much of a pinko bedwetter the DA is as to whether they charge you with anything (you'd better not be white and the perp black, though). Texas is a whole other matter, particularly after dark, when you may shoot to kill to defend your property.

 

My girlfriend's parents now live in Texas, and I hate to say it, but Texas has a lot going for it. I still don't think I'd ever move there, but with the cost of living so low and the criminal hate laws (that is, they hate criminals), it is tempting... Too bad I am white and in wussville MD.