From: eckinator
2011/1/19 John Sessoms <jsessoms...@nc.rr.com>:
>
> Keep in mind a conviction is not necessarily the final disposition of such a
> case.
>
> Often when the accused is convicted at the lowest level of the court where
> the charges are first heard, he/she has to appeal the conviction and it is
> over-turned in a higher level court.
well aware of that but my perception is that in a jury court - imo a
flawed system - your wallet determines your odds. are appeals also
heard by a jury? And that someone who goes to jail for photographing
J. Random Flatfoot and who may suffer some degree of damage in there
while waiting for their appeal to be heard probably would have rather
not suffered that damage to begin with
I can only testify to how it works here in NC.
The first appearance by the accused would be before a Magistrate shortly
after he's booked on the charges. Something like the case cited, there's
about 95% probability the Magistrate is going to set a court date and
release the accused on his "own recognizance" - basically he signs a
paper promising to show up in court on that date.
This case doesn't include any accusation of violence, theft or threat to
any third party.
Unless the accused actually was drunk when the police brought him before
the Magistrate; then the Magistrate is going to keep him overnight while
he sleeps it off. The key to getting out of jail here is having someone
you can call to come down to pick you up. They won't let you out without
that even if you live right next door to the jail house.
I've been the one who had to go down there and "bail someone out"
several times in my life ... no bail money involved, they just had to be
released to a "responsible adult".
The first court appearance would be before a judge in District Court.
District Court is also where they hear traffic offenses. I know District
Court from the days before I discovered the miracle of CRUISE CONTROL.
There is no jury. If the Police recognize at this point that they've
done stupid, it's real easy for them to get out of it at that time. The
complaining Officer just doesn't appear. The judge dismisses the
charges. There's no penalty against the Police Officer for not appearing.
But IF the officer does appear, the judge will hear the case. Some
judges have more common sense than some others. If you get one of the
hard-asses, you might get convicted. If convicted, you have the right to
appeal right then. Then the judge has to decide whether to release you
on bail or on your own recognizance or put you in jail (at which point
you can always appeal to a different judge for bail).
Again in this case, with no accusation of violence, theft or threat to a
third party. Most of the judges around here probably would release the
defendant on his own recognizance. At most, a token bail might be
required. If the judge sets bail at $1000, someone has to pay a
bail-bondsman $100 to "put up" that $1000. The bondsman doesn't actually
have to pay the $1000, he only promises he will pay that if you don't
show up for your court date.
And he *will* make sure you get there. If you don't have a car, the
bondsman will send someone from his office to pick you up on the morning
of your trial date and drive you to court. Nothing to do with bounty
hunters. It's a tax deductible business expense at $0.38/mile + whatever
he's paying the driver. If he gives you a ride on your court date, he
makes sure he doesn't have to actually pay your bond because you
over-slept and missed your bus.
Anyway ...
Your first level of appeal goes to Superior Court, and that's the first
chance you have to request a jury trial. And depending on how penny-ante
or how ludicrous the charges are, the Superior Court judge may just
overturn the conviction right then and there to save the expense of
empaneling a jury, because if the charges really ARE as stupid as these
were, the jury is probably going to laugh the police out of court anyway.
And that's what I think probably happened with this guy.
The other thing is at the District Court, and possibly even at the
Superior Court, the DA might offer to "drop" the stupid charges if you
will only "plead guilty to a lesser charge."
Don't do it. Don't EVER do it! If you plead and the officer doesn't show
up, you've just wasted a GET OUT OF JAIL FREE card.
Oh, and my understanding of how Superior Court works comes from reading
between the lines on the instructions I received the several times I've
been called for jury duty, and some experience I had from a civil case
involving a former employer.
no idea. as you know over 100% of the information on the internet is
>> true. Out of the 280% there is...
>
> You do know, don't you, that 63% of all statistics quoted on the internet
> are made up on the spot?
ok if I turn your statement on itself there is a 37% chance that it is
accurate meaning there is a 13.69% chance that my statement is
accurate meaning for any given bit of information on the internet the
chance of accuracy is 4.889% - sounds about right I'd say - what do
you think?
cheers
ecke
I think I'll have another drink!
(/turns away)
*Hey Bartender!*
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