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re: Monroe Def. Attorney believes CRob's felony will be reduced to a misdemeanor
Posted on 5/19/16 at 9:10 am to TideSaint
Posted on 5/19/16 at 9:10 am to TideSaint
I'm not a lawyer but how would you ever dismiss a felony gun charge without throwing your cops under the bus? You would have to say that they didn't do something correctly wouldn't you?
I can see it being bumped to a misdemeanor if the gun wasn't stolen but with it being stolen I would think you have a tough time reducing it.
I can see it being bumped to a misdemeanor if the gun wasn't stolen but with it being stolen I would think you have a tough time reducing it.
Posted on 5/19/16 at 12:22 pm to Warfarer
quote:
I'm not a lawyer but how would you ever dismiss a felony gun charge without throwing your cops under the bus? You would have to say that they didn't do something correctly wouldn't you? I can see it being bumped to a misdemeanor if the gun wasn't stolen but with it being stolen I would think you have a tough time reducing it.
Reducing charges happens all the time. Police will often charge the most serious crime possible, it as is much easier to reduce charges later than to increase the level of the charge. Cops know that DAs will use reduced charges and plea bargains. Starting with the most serious possible charge gives the DA more leverage in obtaining a plea and resolution. Cops understand how the system works. DAs have great discretion in determining what charges will actually be prosecuted. The cops are not likely to take it personally as a rebuke when charges are reduced in many cases, especially where no one was actually seriously harmed.
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