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re: Unbiased perspective of Miller situation
Posted on 2/23/23 at 12:29 am to imjustafatkid
Posted on 2/23/23 at 12:29 am to imjustafatkid
quote:
Nah, most likely the definitive evidence shows there was no way he could have driven from where he was to the scene in time if he left after the text was sent, which would corroborate everything in his attorney's statement.
What exactly do you think this is "definitive evidence" of?
1
Posted on 2/23/23 at 12:29 am to SidewalkTiger
Yes they do...I can tell you for 100 percent a police officer charges people all the time. If a police officer pulls someone over for dui and arrests that person it will be the police officer that charges that person for dui. There is no grand jury, no running it by the judge, or prosecutor.
Posted on 2/23/23 at 12:31 am to SidewalkTiger
quote:
What exactly do you think this is "definitive evidence" of?
Him not knowing Miles had asked him to deliver the weapon. Honestly, if he didn't even know the gun was in his car I'm not sure the text would have made sense to him anyway.
This post was edited on 2/23/23 at 12:32 am
Posted on 2/23/23 at 12:33 am to SidewalkTiger
quote:
The only time the police "file charges" are in a situation like a minor traffic violation which obviously isn't applicable to this case.
Also false
This post was edited on 2/23/23 at 6:20 am
Posted on 2/23/23 at 12:36 am to BFANLC
quote:
Also false...police can arrest and charge anyone for any crime that happens in their presence regardless if it's a felony or misdemeanor. If a misdemeanor takes place the police officer will still do due diligence and the victim will sign the complaint. The police officer is still charging them with the crime. The victim isn't.
False.
Here's a solid resource to educate you:
quote:
Criminal charges are brought against a person in one of three ways:
Through an indictment voted by a grand jury.
Through the filing of an information by the prosecuting attorney (also called the county, district, or state's attorney) alleging that a crime was committed. Sometimes charges are pressed through the filing of a criminal complaint by another individual, which is essentially a petition to the district attorney asking him/her to initiate charges.
Through a citation by a police officer for minor traffic offenses and the like. This procedure is usually used for certain petty misdemeanors and other minor criminal matters.
How Courts Work
Posted on 2/23/23 at 12:38 am to imjustafatkid
quote:
Him not knowing Miles had asked him to deliver the weapon. Honestly, if he didn't even know the gun was in his car I'm not sure the text would have made sense to him anyway.
There's no definitive evidence to prove this at all.
Posted on 2/23/23 at 12:43 am to SidewalkTiger
Incorrect
This post was edited on 2/23/23 at 6:21 am
Posted on 2/23/23 at 12:49 am to BFANLC
quote:
Again this is incorrect. Do you think every charge goes before a grand jury? A prosecutor or da? You think every freaking drug charge goes before a grand jury for indictment? Think about the logistics of that.
Minor offenses don't have to go before a prosecutor/grand jury.
quote:
At the time of your arrest, many people think that the police file drug charges in the charging affidavit. Although the police will list charges on the arrest document, those are not official charges. Instead, the prosecutor reviews your case and decides whether to officially file charges
I've provided multiple sources to back my statements.
quote:
Trust me I don't need any links.
Me neither, those were simply for your benefit.
I have several family members who work within various levels of law enforcement and the justice system.
My brother is a police captain and is literally sitting across from me right now.
He's laughing at you.
Posted on 2/23/23 at 12:51 am to BFANLC
quote:
This isn't true at all. Police gather evidence, talk to witnesses, look at video etc...then they charge a person. A felony case like this would go to the courthouse and the officer would sign a warrant through the magistrate. Literally happens everyday all across America.
While this is all true. DAs are ultimately responsible for bringing charges and very often when a case involves something like this they make the call because police aren't experts on the law. They (the police) charge open and shut shite and easy to understand stuff and present more complicated things to the DA. This is complicated.
Hell even with open and shut stuff and police charges it's the DA that brings them. What the cops do are actually recommendations. A DA can and often does choose to drop/not pursue suggested charges/charges by police.
This post was edited on 2/23/23 at 12:58 am
Posted on 2/23/23 at 12:52 am to Elleshoe
Lol....this coming from an idiot who can't even abbreviate his own school correctly...
Posted on 2/23/23 at 12:59 am to SidewalkTiger
quote:
My brother is a police captain and is literally sitting across from me right now.
He's laughing at you.
That's cool
This post was edited on 2/23/23 at 6:21 am
Posted on 2/23/23 at 1:01 am to BFANLC
quote:
I doubt he's any good then if he tells you every case and charge has to or is even seen by the prosecutor.
This is a strawman argument.
I've stated multiple times in this topic that officers do file charges in minor offense situations.
That obviously has no bearing on this discussion and the post I was replying to though.
Posted on 2/23/23 at 1:02 am to Prof
quote:
What the cops do are actually recommendations
This post was edited on 2/23/23 at 6:22 am
Posted on 2/23/23 at 1:04 am to BFANLC
quote:
No it's not a recommendation...it's an actual complaint/warrant. And the law enforcement officer doesn't have to go before the prosecutor to make this happen.
Not in a case like this.
Posted on 2/23/23 at 1:09 am to SidewalkTiger
We'll just have to agree to disagree on this one.
At the end of the day none of our professional opinions matter in this case.
At the end of the day none of our professional opinions matter in this case.
Posted on 2/23/23 at 1:11 am to BFANLC
quote:
We'll just have to agree to disagree on this one.
I guess.
Not gonna lie, it's kind of wild that you actually think police officers who make $45k a year and have a GED are out filing capital murder charges against people.
Posted on 2/23/23 at 1:14 am to SidewalkTiger
quote:
it's kind of wild that you actually think police officers who make $45k a year and have a GED are out filing capital murder charges against people.
It's kinda wild you think police officers handling this case would be making 45k a year and have a ged.
Posted on 2/23/23 at 1:16 am to BFANLC
quote:
It's kinda wild you think police officers handling this case would be making 45k a year and have a ged
True, Tuscaloosa police officers seem to average closer to $55k a year.
Posted on 2/23/23 at 1:20 am to SidewalkTiger
quote:
True, Tuscaloosa police officers seem to average closer to $55k a year.
Hopefully a bit more
This post was edited on 2/23/23 at 6:22 am
Posted on 2/23/23 at 1:23 am to BFANLC
quote:
Hopefully a bit more...but CID would be handling it. Not Officer Smith.
Special units are full of "Officer Smiths."
My brother has a friend who is a complete dumbass, little man syndrome to the core and he's CID and SWAT in a major Southern metro.
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