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Old 03-11-09, 06:26 AM   #7
Dan D
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Quote:
Originally Posted by SUBMAN1
Quote:
Originally Posted by baggygreen
I presume this would be overturned on appeal.
We shall see. I have my doubts, and they are not unfounded.

-S
Yes, indeed., Subman1, your doubts are not unfounded.

From the link to Reuters:
"However, the court in the southern town of Lindau dropped the charge -- which could have led to a prison sentence -- in exchange for the fine due to uncertainty about the accusation and the man's motive, he (the lawyer) told Reuters."

You see, the judge made the offer to drop the charge, if the accused makes a monetary payment for a good cause: „Fine“ is the wrong technical term here, not „punative“.

The accused agreed on the deal. Just like Michael Jackson did.
If he does not accept the deal, the court proceedings must be continued.

It is a bit lame to agree to such a deal and you then afterwards you start to whine about the injustice that was done to you, don't you think?

He could have tried to reach a verdict of not guilty because of lack of evidence, but he made a different choice.

The accused was not alone in this. He had a criminal defense lawyer at his side who was holding his hands so that the accused does not have to feel so lonely. It was his lawyers' job to try to convince the accused to accept nothing else but a senctence of aquittal when he thinks that there is lack of evidence. That is what he is paid for. I really wonder what the lawyer was trying to tell the press, that he is unhappy with the result that his client has accepted?

What the accused could do now, apart from replacing his lawyer, if he seriously regrets his „premature“ acceptance to the deal, is that he simply does not make the payment. Then the charge would live up again, appeal included.
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