Frank, your tenacity to defend the civil liberties of an accused theif is admirable. Not your argument of giving the benefit of doubt to the accused instead of to me, but your tenacity is admirable. Hopefully, you will keep that passion and not become jaded to real life as you grow up.
Originally Posted by
frankstoneline
I'm no lawyer, so I have little grounds to argue about felony or not, but I know that one time a friend of mine was asking his step father (a public defender) about the difference between larceny and theft, as he saw seemingly similar cases coming through when he worked as a clerk in the courthouse under different headings, and his step dad said that in MOST cases unless there is breaking and entering or forced entry or the stolen goods are of an excessive value, cases of theft get tried as larseny, which is a misdemeanor and has a penalty of something like 6 months in jail and or community service and house arrest.
correct.
holy run on sentence, batman!
Originally Posted by
frankstoneline
but I know that one time a friend of mine was asking his step father (a public defender) about the difference between larceny and theft, as he saw seemingly similar cases coming through when he worked as a clerk in the courthouse under different headings,....
true. His initial charge will have little bearing on what he is convicted of. Plea bargaining is a normal, everyday occurence.
Originally Posted by
frankstoneline
... and his step dad said that in MOST cases unless there is breaking and entering or forced entry or the stolen goods are of an excessive value, cases of theft get tried as larseny,...
Yep. Click on links provided in my last post to see what those values are in your state and mine.
Originally Posted by
frankstoneline
...which is a misdemeanor and has a penalty of something like 6 months in jail and or community service and house arrest.
fine. Convict him of a misdemeanor. I suspect that ONLY 6 months in the orleans parish jail system will be life changing, and I doubt he will steal a bicycle again.....
Originally Posted by
frankstoneline
...As much of a bummer as it is, to blanket someone grabbing an unlocked bike as a felon is misleading..
......so until he pleads down, can we call him an accused felon, as opposed to a convicted felon? Still, the label "felon" is justified.
Originally Posted by
frankstoneline
... I dont know if that is the case everywhere, but it's the explanation I was given...
It varies from state to state.
Originally Posted by
frankstoneline
....despite the fact the fellow was probably less than bright and a criminal nonetheless.
correct.