Yellowhouse Sam # 25171 Posted December 6, 2011 Share Posted December 6, 2011 Just Wasn't His Day Link to comment Share on other sites More sharing options...
Smoken D Posted December 6, 2011 Share Posted December 6, 2011 MIRANDA rights violated????????????? :lol: Link to comment Share on other sites More sharing options...
Marshal Mo Hare, SASS #45984 Posted December 6, 2011 Share Posted December 6, 2011 Ok, I had to look up "Class X felony." I believe that New Hampshire only has A and B. The Class X felony is, short of first degree murder, the most serious felony offense on the books in Illinois. Upon a finding of guilt, the court cannot sentence the defendant to probation. The offense has a mandatory minimum sentence of 6-30 years in the Department of Corrections. The judge must sentence the defendant to prison. See 730 ILCS 5/5-8-1(a)(3). The only way a defendant can receive probation is if the prosecution agrees to amend the charge (e.g., by reducing the class of felony to a lower grade that allows probation). Because of the mandatory minimum sentence, the prosecution has all the power in negotiations. Even a first-time offender who has no criminal background is subject to a mandatory prison sentence. It is not a matter of the judge’s discretion in sentencing. The following charges are Class X felonies in Illinois: Aggravated kidnapping, 720 ILCS 5/10-2. Aggravated battery with a firearm, 720 ILCS 5/12-4.2(a)(1). Aggravated battery of a child, 720 ILCS 5/12-4.3(a). Home invasion, 720 ILCS 5/12-11(a)(1)-(2). Aggravated criminal sexual assault, 720 ILCS 5/12-14. Predatory criminal sexual assault of a child (over 17 years of age and victim under 13 years old), 720 ILCS 5/12-14.1(1). Armed robbery, 720 ILCS 5/18-2. Aggravated vehicular hijacking, 720 ILCS 5/18-4. Aggravated arson, 720 ILCS 5/20-1.1. Possession of a controlled substance with intent to deliver (such as 15-100 grams or possession with intent to deliver within 1,000 feet of a public park, church, school, or public housing), 720 ILCS 570/401. As said, probation is not possible under Illinois law for a Class X felony offense. See 730 ILCS 5/5-5-3©(2)©. When a defendant is charged with a Class X felony offense, negotiations with the prosecution are difficult. The reason is, the prosecution has no reason to negotiate. The State’s position can be, ‘Live or die by the Class X (6-30 years prison), the risk is yours, not ours.’ If the defendant goes to trial and loses, it is 6-30 years. On the other hand, when the prosecution offers to reduce the charge to, for example, a Class 1 felony (4-15 years prison), then rejecting the offer means giving up the possibility of 4 years prison as opposed to 6. Therefore, the defendant would be taking a great risk to refuse a reduced charge from the State. Generally the only way to get good results in Class X felony cases is to push the matter to trial, and be able to back up the threat of trial. The lawyer must be experienced enough in trial that the State takes him or her seriously when arguing on behalf of the defendant. The prosecutors that are assigned to Class X felonies typically have the most experience from the State’s Attorney’s office from that county. Therefore, the defense lawyer should have just as much experience in order for the case to be evenly matched. Link to comment Share on other sites More sharing options...
Dirtwater Doc 17941 Posted December 6, 2011 Share Posted December 6, 2011 He should be sentenced to be a practice dummy since he is already halfway there! DD Link to comment Share on other sites More sharing options...
Loophole LaRue, SASS #51438 Posted December 6, 2011 Share Posted December 6, 2011 Back in the 60's my dad was a night student at Drexel University in Philadelphia. Commuting home late at night, he stopped at a red light behind a Sunbeam Alpine (remember them?) Suddenly, two characters ran out from each side, and whipped open the doors of the Alpine, in an obvious attempt to rob/assault. With the snatchers leaning inside the car, it rocked back and forth violently, and the two creeps were forcibly ejected outward. The driver emerged...and emerged...and emerged - he was about 6' 6" tall, well over 200#, and massively built. He grabbed the two thieves and knocked their heads together; the police arrived shortly thereafter. Dad stopped, gave his statement, and had a chat with the other driver; turns out he was an Olympic hammerthrow champion - not the kind of guy you want to try to rob bare-handed. 'Course, if any of these idjits had brains, they wouldn't be trying to rob random people on the street. LL Link to comment Share on other sites More sharing options...
Okie Sawbones, SASS #77381 Posted December 6, 2011 Share Posted December 6, 2011 If the guy only had a lighter... Link to comment Share on other sites More sharing options...
Jeremiah Sullivan Posted December 6, 2011 Share Posted December 6, 2011 MIRANDA rights violated????????????? :lol: Sorta gives a whole new meaning to the term "Miranda-ize the Subject...." I like this new definition. My sister's middle boy is a former prosecutor who has been doing a good business in criminal defense trial representation back east. He told his mother (she's a judge, his two other brothers are career cops) that he has mixed emotions over the downturn in the economy. His business is falling off as his client pool is more and more opting for the no-cost Public Defenders Office representation. He misses the income but feels they in turn get the defense they pay for. Link to comment Share on other sites More sharing options...
Seldom Seen #16162 Posted December 6, 2011 Share Posted December 6, 2011 I think in the interest of justice the Court should be satified with one good old-fashion a$$ whuppin. Link to comment Share on other sites More sharing options...
Red Gauntlet , SASS 60619 Posted December 6, 2011 Share Posted December 6, 2011 My sister's middle boy is a former prosecutor who has been doing a good business in criminal defense trial representation back east. He told his mother (she's a judge, his two other brothers are career cops) that he has mixed emotions over the downturn in the economy. His business is falling off as his client pool is more and more opting for the no-cost Public Defenders Office representation. He misses the income but feels they in turn get the defense they pay for. I know several defense lawyers with this problem in this economy. The big problem now for the private defense bar is that the defendant/defendant's family can't come up with the large retainer in a major felony because they can't get the home equity refinance to float it. Link to comment Share on other sites More sharing options...
Rye Miles #13621 Posted December 7, 2011 Share Posted December 7, 2011 I'd still rather have a gun and a ccw license. Ultimate fighting seems like too much darn work. Link to comment Share on other sites More sharing options...
Buckhorn Woodie Posted December 7, 2011 Share Posted December 7, 2011 Bad guy just picked the wrong guy to jack....Kind of like the time two punks stop this 70+ old man and told him "give us your money or we will wop your ass...The old man said that he had not had an ass woping in a wile to bring it on....when it was done and the cops got there the score was Old Man 2 - punks O......The old mans name was Archie Moore Link to comment Share on other sites More sharing options...
Mean Matt McCord, SASS #24683 Posted December 7, 2011 Share Posted December 7, 2011 If the guy only had a lighter... He actually meant a Bud Light! Link to comment Share on other sites More sharing options...
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