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re: Advocate columnist Matthew Harris believes Hill is done at LSU
Posted on 7/9/13 at 11:52 am to CourseyCorridor
Posted on 7/9/13 at 11:52 am to CourseyCorridor
quote:
This is where discretion comes in. The judge doesn't have to send him to revoke his probation, but may she consider all the facts that surrounded his original plea deal -- the whole case -- or just the plea deal itself?
Obviously, I'm not proposing double jeopardy. I'm just saying there is discretion in how the court can handle this within the context of the plea deal. And all the facts that surrounded the original case -- and not just the plea deal itself -- might be considered when judging how to handle the case.
Are you fricking serious with this shite? I've told you 6 fricking times already. In the eyes of the court, the original charge is gone, disappeared, doesn't exist. Any judge that would bring that up would be removed.
Posted on 7/9/13 at 12:06 pm to LSUdm21
quote:
the original charge is gone, disappeared, doesn't exist
But do the facts that surround the charge disappear?
Can the judge consider the case or just the end result of it?
And you told me your answer six times, but so far, your argument is basically, "because I'm LSUdm21 and I say so."
Not that I don't believe you, but what do you base your argument on?
Posted on 7/10/13 at 3:34 pm to LSUdm21
quote:
Are you fricking serious with this shite? I've told you 6 fricking times already. In the eyes of the court, the original charge is gone, disappeared, doesn't exist. Any judge that would bring that up would be removed.
From what I've learned today, you've repeated bad information six times (although I'll take the blame for some of it, because I worded it poorly by asking if the original charge mattered...It would have been more appropriate to ask if the entire case mattered, or just the plea the case resulted in).
I ran into some attorney friends and they told me that a judge and attorney can indeed consider all the facts surrounding a case when considering how to handle a probation violation, not just the plea itself.
The prosecutor has all the right in the world, I'm told, to argue that the plea was a lenient deal for the defendant based on facts surrounding the case. Those facts can be brought up again in reviewing how to handle the probation violation and can indeed be factors in deciding whether probation is revoked.
And, of course, the judge is not only allowed to consider this, but that's exactly what their discretion is about. It's about reviewing the conditions that led to the plea and reviewing the probation violation.
There are two different things. They can't use his violation of probation as a reason to change his punishment to something that's more than appropriate for what he plead to. They can't turn this into a sexual assault case again.
But they CAN use ALL THE FACTS of the case to determine whether he should serve the maximum penalty, the minimum penalty or anything in between, for the offense he plead to.
That's an important distinction to make.
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