I'm going to channel Denzel Washington and ask someone to explain it to me like I'm a two-year old

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Sue U
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Re: I'm going to channel Denzel Washington and ask someone to explain it to me like I'm a two-year old

Post by Sue U »

MajGenl.Meade wrote:
Tue Apr 13, 2021 9:49 pm
A gross misdemeanor is a serious criminal offense in Minnesota. It is defined as any crime that is punishable by up to one year in jail and/or a $3,000 fine. Common gross misdemeanors include the following offenses: a second DWI within 10 years, a first-time DWI with a BAC of 2.0 or greater, DWI test refusal, and theft of property valued between $500 - $1,000.
This is just terrible reporting. A "gross misdemeanor" is NOT a "serious criminal offense," as the term "misdemeanor" itself suggests -- even a "gross" one. Minnesota statutes define virtually every offense that carries the potential for any jail time as a "crime," but then distinguish between felonies, misdemeanors, gross misdemeanors and petty misdemeanors. And even if convicted of a "gross misdemeanor," the statutes actually deem the conviction to be for the lesser "misdemeanor" category for all purposes other than the penalties assessed. See MN Stat. ss 609.02, 609.13. If not for the resulting death, it is laughable to claim that a warrant for failure to appear at a court hearing is a "serious crime" that justifies any use of force whatsoever. Spend a day in any municipal court and see how many "FTA" warrants are issued for the most minor offenses. I was once subject to a FTA warrant for "overtime parking" at a parking meter that was broken -- a warrant I didn't even know about. When the cops pulled me over several months later, they didn't arrest me; they said, "Make sure you take care of it."
MajGenl.Meade wrote:
Tue Apr 13, 2021 9:49 pm
Not worth fleeing - not deserving of a shooting
Agreed 100%. But to the extent a FTA defendant might attempt to flee, using weapon of any kind is almost always wholly unjustified. If he can't be brought in peaceably from a traffic stop, just throw another charge on the sheet. There was no urgency to detain anyone right then and there.
Gob wrote:
Wed Apr 14, 2021 11:57 am
The answer can only be "racism" obvs..
Unfortunately, that's most frequently true -- especially when combined with the militarized "heroes-versus-thugs" culture that makes policing an adversarial rather than a cooperative practice.
GAH!

liberty
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Re: I'm going to channel Denzel Washington and ask someone to explain it to me like I'm a two-year old

Post by liberty »

Sue U wrote:
Wed Apr 14, 2021 2:39 pm
MajGenl.Meade wrote:
Tue Apr 13, 2021 9:49 pm
A gross misdemeanor is a serious criminal offense in Minnesota. It is defined as any crime that is punishable by up to one year in jail and/or a $3,000 fine. Common gross misdemeanors include the following offenses: a second DWI within 10 years, a first-time DWI with a BAC of 2.0 or greater, DWI test refusal, and theft of property valued between $500 - $1,000.
This is just terrible reporting. A "gross misdemeanor" is NOT a "serious criminal offense," as the term "misdemeanor" itself suggests -- even a "gross" one. Minnesota statutes define virtually every offense that carries the potential for any jail time as a "crime," but then distinguish between felonies, misdemeanors, gross misdemeanors and petty misdemeanors. And even if convicted of a "gross misdemeanor," the statutes actually deem the conviction to be for the lesser "misdemeanor" category for all purposes other than the penalties assessed. See MN Stat. ss 609.02, 609.13. If not for the resulting death, it is laughable to claim that a warrant for failure to appear at a court hearing is a "serious crime" that justifies any use of force whatsoever. Spend a day in any municipal court and see how many "FTA" warrants are issued for the most minor offenses. I was once subject to a FTA warrant for "overtime parking" at a parking meter that was broken -- a warrant I didn't even know about. When the cops pulled me over several months later, they didn't arrest me; they said, "Make sure you take care of it."
MajGenl.Meade wrote:
Tue Apr 13, 2021 9:49 pm
Not worth fleeing - not deserving of a shooting
Agreed 100%. But to the extent a FTA defendant might attempt to flee, using weapon of any kind is almost always wholly unjustified. If he can't be brought in peaceably from a traffic stop, just throw another charge on the sheet. There was no urgency to detain anyone right then and there.
Gob wrote:
Wed Apr 14, 2021 11:57 am
The answer can only be "racism" obvs..
Unfortunately, that's most frequently true -- especially when combined with the militarized "heroes-versus-thugs" culture that makes policing an adversarial rather than a cooperative practice.
Randy Weaver’s fourteen old year son and wife were killed over a bench warrant. His wife, without warning, was killed by a federal government sniper.
I expected to be placed in an air force combat position such as security police, forward air control, pararescue or E.O.D. I would have liked dog handler. I had heard about the dog Nemo and was highly impressed. “SFB” is sad I didn’t end up in E.O.D.

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MajGenl.Meade
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Re: I'm going to channel Denzel Washington and ask someone to explain it to me like I'm a two-year old

Post by MajGenl.Meade »

Sue U wrote:
Wed Apr 14, 2021 2:39 pm
This is just terrible reporting.
Maybe so but your beef isn't with "reporting" but with an attorney.... should have put the link (sorry)
https://www.balmerlawoffice.com/faq/wha ... sdemeanor/
For Christianity, by identifying truth with faith, must teach-and, properly understood, does teach-that any interference with the truth is immoral. A Christian with faith has nothing to fear from the facts

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Sue U
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Re: I'm going to channel Denzel Washington and ask someone to explain it to me like I'm a two-year old

Post by Sue U »

MajGenl.Meade wrote:
Wed Apr 14, 2021 4:11 pm
Sue U wrote:
Wed Apr 14, 2021 2:39 pm
This is just terrible reporting.
Maybe so but your beef isn't with "reporting" but with an attorney.... should have put the link (sorry)
https://www.balmerlawoffice.com/faq/wha ... sdemeanor/
I'll just say that as a criminal defense attorney, he has an interest in generating business by impressing readers with their need for legal representation. (From the link: "David Balmer established the Balmer Law Office with one overriding goal: provide aggressive, high-caliber criminal and DWI defense for good people facing serious charges throughout the state of Minnesota.) (That said, I recommend that anyone going to court have a lawyer, no matter the offense charged.) And yes, facing a potential penalty of up to $3,000 and up to a year in jail can certainly be serious from the perspective an average DWI defendant. But there is still a significant difference in "seriousness" -- both in terms of statutory classification and real-world consequences -- between a "crime" that is a "felony" and one that is a "misdemeanor." (In my jurisdiction, only offenses that are listed in the actual criminal code are called "crimes," and they expressly do NOT include DWI and other traffic offenses.)

ETA:
liberty wrote:
Wed Apr 14, 2021 3:44 pm
Randy Weaver’s fourteen old year son and wife were killed over a bench warrant. His wife, without warning, was killed by a federal government sniper.
Aside from the whole apples v. watermelons issue, did I or anyone else suggest that killing people over bench warrants was a good idea?
GAH!

Big RR
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Re: I'm going to channel Denzel Washington and ask someone to explain it to me like I'm a two-year old

Post by Big RR »

Sue--I wonder if the reason the attorney calls it a "crime" is because it must be tried to a jury; apparently MN tries all matters which can result in imprisonment before a jury (according to the MN Criminal rules I saw--unfortunately they were a PDF file which I could not copy and post, pretty much assuring it goes to the Superior court (although it appears that these offenses do not require idictment before trial). Non jail offenses are tried by the judge (and I'd bet a municipal judge). Avoidance of jury trials is pretty much the reason our fair state has refused to call DUI a crime (as well as limiting the maximum punishments to fall below the jury trial threshold); conviction in municipal court is much, much easier.

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Re: I'm going to channel Denzel Washington and ask someone to explain it to me like I'm a two-year old

Post by Scooter »

She is being charged with second-degree manslaughter.
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