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View Diary: A Tale of Two Americas (259 comments)

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  •  A misdemeanor is less than a felony, as it (4+ / 0-)

    carries less jail time and restitution.  It makes sense that the DA would want the misdemeanor permanently on the hedge fund manager's record instead of cleared after a few years (deferred), but what I want to know is why not charge him with the victim's request?  It's no skin off his nose either way, as the perpetrator definitely deserved the felony charge.

    Sarah Palin: All pistol and no squint.

    by CanyonWren on Tue Nov 09, 2010 at 11:50:26 AM PST

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    •  It's the license, I am sure of it. If this hedge (7+ / 0-)

      fund manager loses his securities license, his business is cooked.  This DA is looking for  a longer term political career and this hedge fund manager can provide the capital and the contacts.  There is ABSOLUTELY no other reason to let him plead to a misdemeanor.

      "When fascism comes to America, it'll be wrapped in a flag and carrying a cross." Sinclair Lewis

      by lakehillsliberal on Tue Nov 09, 2010 at 12:03:45 PM PST

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      •  I know you're sure of it, but I'm not. (0+ / 0-)

        Let's not get too emotional and fixated on outrage on this one, the DA's explanation seems quite reasonable to me except for what I mentioned.

        Sarah Palin: All pistol and no squint.

        by CanyonWren on Tue Nov 09, 2010 at 12:06:53 PM PST

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        •  No it's not. The DA is full of shit. He is (4+ / 0-)
          Recommended by:
          mattman, shaharazade, elwior, Earth Ling

          lying.  There are powerful strings being pulled for this guy and the only reason this isn't be swept under the rug is that his victim was a surgeon. In what universe does this explanation make sense.  

          "When fascism comes to America, it'll be wrapped in a flag and carrying a cross." Sinclair Lewis

          by lakehillsliberal on Tue Nov 09, 2010 at 12:23:23 PM PST

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          •  Put another way...if this hit and run was this (7+ / 0-)

            DA's child, there is no way this is a misdemeanor charge.

            "When fascism comes to America, it'll be wrapped in a flag and carrying a cross." Sinclair Lewis

            by lakehillsliberal on Tue Nov 09, 2010 at 12:25:42 PM PST

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            •  You can say that about any charge by a DA (0+ / 0-)

              Really, your emoting is not logical argument.  Do you agree that between the two choices it is more harmful to have something on your record for life rather than have a bigger charge disappear over a period of time?

              Sarah Palin: All pistol and no squint.

              by CanyonWren on Tue Nov 09, 2010 at 01:03:33 PM PST

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          •  Well, I'm not sure I agree. (0+ / 0-)

            Plea bargains are complicated, and the DA's explanation doesn't seem like what we all thought to begin with.  

            Sarah Palin: All pistol and no squint.

            by CanyonWren on Tue Nov 09, 2010 at 12:47:33 PM PST

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            •  Let me help you with this: (2+ / 0-)
              Recommended by:
              mattman, alizard

              In Colorado, expunging a felony from your record is possible if the charge was dismissed or you were found not guilty by a judge or jury. Felony records cannot be expunged if you were convicted.

              "When fascism comes to America, it'll be wrapped in a flag and carrying a cross." Sinclair Lewis

              by lakehillsliberal on Tue Nov 09, 2010 at 01:04:38 PM PST

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              •  Link please. (0+ / 0-)

                Sarah Palin: All pistol and no squint.

                by CanyonWren on Tue Nov 09, 2010 at 01:06:43 PM PST

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              •  Expunging and deferring are not the same (0+ / 0-)

                Expunge is what you posted, defer is to do what I said, which is to erase the conviction off the record after a certain amount of time.  This isn't unusual.

                Sarah Palin: All pistol and no squint.

                by CanyonWren on Tue Nov 09, 2010 at 01:08:03 PM PST

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                •  You are misreading the prosecutor, he wants to (2+ / 0-)
                  Recommended by:
                  divineorder, Earth Ling

                  cut a deal with this guy.  The defendant would plead guilty to a felony IF it was deferred and if that is the deal the prosecutor cut then it would disappear but if the prosecutor took him to trial then the conviction stands and there is no expungement under Colorado law.  What will happen with this misdemeanor charge a few years down the road is that it will disappear as well.  This guy will just hire an expensive lawyer and they will make this misdemeanor charge go away.  Making a felony conviction go away is harder and requires more, I believe the signature of the governor.  

                  "When fascism comes to America, it'll be wrapped in a flag and carrying a cross." Sinclair Lewis

                  by lakehillsliberal on Tue Nov 09, 2010 at 01:24:24 PM PST

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                  •  LOL. Do you see how emotionally invested (0+ / 0-)

                    you are in your perception of this case?  You can't even reply to my corrections of your innacuracies.  

                    We don't know the whole story, is what I'm saying.  I'm not excusing the guy's reprehensible behavior, just to be clear, but the DA's/judge's decision to slap him with two misdemeanors will stay on his record for his lifetime and will be a discussion point in any job he goes to, where the felony would have disappeared.  I'm done, this conversation has become a bit tiresome.  

                    Sarah Palin: All pistol and no squint.

                    by CanyonWren on Tue Nov 09, 2010 at 01:32:07 PM PST

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                    •  You obviously don't know how this works but (0+ / 0-)

                      you keep your illusions, you obviously need them.  The misdemeanors will be gone in less than 5 years.

                      "When fascism comes to America, it'll be wrapped in a flag and carrying a cross." Sinclair Lewis

                      by lakehillsliberal on Tue Nov 09, 2010 at 01:41:57 PM PST

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