LOL, that post is unsubstantiated half truths at best. Yes, if the defense files a motion, while the motion is being considered it tolls the clock.
In this case, the great bulk of the delay is the prosecutor, years after the indictment, repeatedly going to court and claiming he's not ready for trial and asking for a "one week" delay, which because of the backlog in court turns into 6 or 8 weeks, until 10 or 12 "one week" delays turns into years of delays.
Once again you seem to not understand the terms of felony probation. In many states, if you are on felony probation you are ineligible for bail on any future felony charges (while on probation). Sheesh, the effort a few are going through to twist and misunderstand in order to carry their arguments is astounding.
Browder was charged with grand larceny. He told me that his friends drove the truck and that he had only watched, but he figured that he had no defense, and so he pleaded guilty. The judge gave him probation and “youthful offender” status, which insured that he wouldn’t have a criminal record.
Lmao, what I believe. Alright, let's look at the post, shall we? Seeing as how you don't actually have a rebuttal of your own. On post 116:
1. It has absolutely nothing to do with your pompous and unsubstantiated claims that his family should have been able to afford it.
2. The motions filed in his case requested 1 week at most though there were various, even if you were to group them all together, it wouldn't come close to 3 years in prison.
3. Unless you're stating that the NYer is wrong, and some guy on the internet is right, there is nothing to discuss here.
Do you have any other non-arguments you'd like to present? Or are you ready to show his family's financial statements so that we can judge your claim that they should have been able to afford it?
Those are statutes of limitation, unrelated to the speedy trial provisions. Try again.
If not, quote the part you find relevant. I'm not doing the research for you.
TIMELINESS OF PROSECUTIONS AND SPEEDY TRIAL
This wasn't TN. See post number 116.
Just keep repeating the same lies and hope they stick through repetition, it's not working for you. Once again, neither bail nor plea bargains are legally defined as extortion or entrapment. No matter how you word the semantic games, reality thwarts your effort.
You could at least read the title:
Goodness, you might want to read the story before making assertions. Again, from the New Yorker:
OK, so you've made stuff up about the defense filings and the charges while he was a juvenile. What other facts do you need to make up to defend the indefensible?
Article 30 NY Criminal Procedure Law Timeliness of Prosecutions
If the family can't afford $300 they simply aren't living in NY, at least not in a legal home with actual water and electricity. This is not a case of can't afford, but unwilling to afford.
LMAO, oh okay, so the definitions I posted don't work for you. We get it. You're not a fan of polls, data, statistics, or definitions. Anyways, I'll wait for that financial information showing they could have afforded it.
Quote that post and tell me the part you find persuasive. While you're at it, please post a cite supporting the baseless assertions in it. They might be true, but some random anonymous person on DP isn't actually a "source" for anything other than this random person's opinion, backed by nothing.
You could at least understand what you're talking about before you make stuff up. His prior juvenile record is not expunged until he successfully completes probation without further charges.
This rule stipulates that all felony cases (except homicides) must be ready for trial within six months of arraignment, or else the charges can be dismissed. In practice, however, this time limit is subject to technicalities. The clock stops for many reasons—for example, when defense attorneys submit motions before trial—so that the amount of time that is officially held to have elapsed can be wildly different from the amount of time that really has. In 2011, seventy-four per cent of felony cases in the Bronx were older than six months.
1. Except as otherwise provided in subdivision three, a motion made
pursuant to paragraph (e) of subdivision one of section 170.30 or
paragraph (g) of subdivision one of section 210.20 must be granted where
the people are not ready for trial within:
(a) six months of the commencement of a criminal action wherein a
defendant is accused of one or more offenses, at least one of which is a
felony;
If the family can't afford $300 they simply aren't living in NY, at least not in a legal home with actual water and electricity. This is not a case of can't afford, but unwilling to afford.
You referred me to post #116. That's the statute you keep repeating, but can't tell me what part is relevant.
This isn't even fun anymore. You're not even pretending to make an honest case. I've got better things to do than argue with a troll who can't make a case without inventing facts.
OK, the general limit is six months. We all know that. What else you got?
Random cites to the law isn't an argument. You'll have to make an actual case.
You claimed it was delayed because of defense filings. You were wrong. Sorry!
4. In computing the time within which the people must be ready for
trial pursuant to subdivisions one and two, the following periods must
be excluded:
(a) a reasonable period of delay resulting from other proceedings
concerning the defendant, including but not limited to: proceedings for
the determination of competency and the period during which defendant is
incompetent to stand trial; demand to produce; request for a bill of
particulars; pre-trial motions; appeals; trial of other charges; and the
period during which such matters are under consideration by the court;
or
(b) the period of delay resulting from a continuance granted by the
court at the request of, or with the consent of, the defendant or his
counsel. The court must grant such a continuance only if it is satisfied
that postponement is in the interest of justice, taking into account the
public interest in the prompt dispositions of criminal charges. A
defendant without counsel must not be deemed to have consented to a
continuance unless he has been advised by the court of his rights under
these rules and the effect of his consent; or
You know, you should actually read the link:
Do you have a cite that charges later dropped or charges proved unfounded at trial will cause the juvenile record to be a part of his permanent record?
You've been caught making up stuff repeatedly so sorry if I don't accept your "word" on this....
You referred me to post #116. That's the statute you keep repeating, but can't tell me what part is relevant.
This isn't even fun anymore. You're not even pretending to make an honest case. I've got better things to do than argue with a troll who can't make a case without inventing facts.
Good grief, thanks for posting the evidence contradicting your claims:
Three Years on Rikers Without Trial - The New Yorker
and here it is:
So you have NOTHING to show that they should have been able to afford it? Good.
This rule stipulates that all felony cases (except homicides) must be ready for trial within six months of arraignment, or else the charges can be dismissed. In practice, however, this time limit is subject to technicalities. The clock stops for many reasons—for example, when defense attorneys submit motions before trial—so that the amount of time that is officially held to have elapsed can be wildly different from the amount of time that really has. In 2011, seventy-four per cent of felony cases in the Bronx were older than six months.
So 3 years is a reasonable period. Yes? I just want to know how far you'll go in this absurd argument.
Kalief Browder, a young man from New York City who had gained national renown in recent years as a symbol of America's broken criminal justice system, took his own life this weekend, according to a report from The New Yorker. He was 22.
The Death Of Kalief Browder Is An 'American Tragedy Almost Beyond Words'
They broke his mind keeping him in solitary. He was too young to survive such torture. RIP. They won't hurt you anymore. What can I say...I'm not afraid of ISIS, I'm not afraid of Russia, I'm not afraid of Boko Haram, I'm not afraid of parachute jump. I'm afraid of our American Justice System. There are many people responsible for this young death. Unfortunately, l doubt that any of them will ever pay a price.
Hilarious, you quote a source that says precisely what post #116 said while still maintaining it was all made up by some internet dude.
Hilarious? I posted it because I expected to be intellectually efficient enough to do more than pretend you understood the source. It was THE PEOPLE who asked for those extensions, not the defendant. Continuing to blame the defendant for a backlog which was out of his hands and a prosecution which wasn't ready to go to trial after even 2 years just makes you look desperate for something to grasp on. Are you trying to purposely insult the intelligence of the adults here? Because that's what you're doing.
1. You're expecting us to believe that 3 years falls within the scope of "reasonable" (post 167).
2. You've argued - without ANY evidence - that his family should have been able to afford $300. When asked to substantiate this, you've done nothing but run (post 154).
3. You've denied that 6 months is how long the prosecution had to make a case and bring this all to trial. Then contradicted this with your own source (post 154).
You've essentially claimed that it was the defendant's fault that the system took too long; that the judicial system's understanding of 'reasonable' waiting period for a trial is 6x as long as stated within the law. Finally, even though EVERYONE - except CanadaJohn, the oblivious racist - seems to be in agreement that the system ****ed up, you're contending that this can all be explained away by blaming the one person in this situation who had the least power. You're either trolling the hell out of us or expecting to be as consistently dishonest as yourself. Which is it?
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