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Randito Snarky Member
Joined: 27 Jul 2008 Posts: 9513 | TRs | Pics Location: Bellevue at the moment. |
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Randito
Snarky Member
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Thu Sep 15, 2022 10:07 pm
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altasnob wrote: | Frankly, I am surprised they plead guilty. Seems like an very winnable case at trial. New Hampshire's Reckless Conduct statute requires your actions place another person in danger of serious bodily injury (same as Washington's law). |
Perhaps they had bad legal advice or were discouraged from seeking representation by others in their family.
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altasnob Member
Joined: 29 Aug 2007 Posts: 1408 | TRs | Pics Location: Tacoma |
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altasnob
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Fri Sep 16, 2022 7:10 am
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Randito wrote: | Perhaps they had bad legal advice or were discouraged from seeking representation by others in their family. |
I don't know how New Hampshire works, but in the greater Puget Sound region, you would have a tough time convincing a judge to let you plead guilty without an attorney representing you. Everyone has an attorney in court here, whether they want one or not. Some people don't qualify for a public defender, but then complain to the judge they can't afford to hire an attorney (despite making too much money for the public defender). The judge will just fold and give them a public defender on the public's dime when this happens.
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altasnob Member
Joined: 29 Aug 2007 Posts: 1408 | TRs | Pics Location: Tacoma |
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altasnob
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Fri Sep 16, 2022 9:41 am
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Looks like you are right, per Outside:
Quote: | The hikers, a 22-year-old from Lowell, Massachusetts and a 25-year-old from Windsor, New Hampshire, will each pay a $200 fine and a $48 penalty assessment after pleading their charges down from misdemeanors to violation-level offenses in the 2nd circuit court of Littleton, New Hampshire. |
This makes way more sense to me. The prosecutor threatened a criminal offense but allowed them to plead to an infraction. Infractions are like speeding or parking tickets. They don't go on your criminal record. And since these infractions are non-driving, they don't go on your driving record either.
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Cyclopath Faster than light
Joined: 20 Mar 2012 Posts: 7744 | TRs | Pics Location: Seattle |
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Cyclopath
Faster than light
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Fri Sep 16, 2022 9:44 am
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If we're going to charge hikers with crimes, it should be for Bluetooth speakers not for getting hurt. Cardi B should be a life sentence.
Chief Joseph, thunderhead, Waterman
Chief Joseph, thunderhead, Waterman
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forest gnome Forest nut...
Joined: 24 Apr 2003 Posts: 3520 | TRs | Pics Location: north cascades!! |
Ahh..forest gnomieee luv cardio.beeee..
Arghhh stupid auto correct...
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mosey Member
Joined: 18 Dec 2018 Posts: 163 | TRs | Pics
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mosey
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Fri Sep 16, 2022 5:07 pm
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Cyclopath wrote: | If we're going to charge hikers with crimes, it should be for Bluetooth speakers not for getting hurt. Cardi B should be a life sentence. |
Can I still whistle?
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RumiDude Marmota olympus
Joined: 26 Jul 2009 Posts: 3590 | TRs | Pics Location: Port Angeles |
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RumiDude
Marmota olympus
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Sat Sep 17, 2022 9:24 am
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altasnob wrote: | Frankly, I am surprised they plead guilty. Seems like an very winnable case at trial. New Hampshire's Reckless Conduct statute requires your actions place another person in danger of serious bodily injury (same as Washington's law). |
altasnob wrote: | Looks like you are right, per Outside:
Quote: | The hikers, a 22-year-old from Lowell, Massachusetts and a 25-year-old from Windsor, New Hampshire, will each pay a $200 fine and a $48 penalty assessment after pleading their charges down from misdemeanors to violation-level offenses in the 2nd circuit court of Littleton, New Hampshire. |
This makes way more sense to me. The prosecutor threatened a criminal offense but allowed them to plead to an infraction. Infractions are like speeding or parking tickets. They don't go on your criminal record. And since these infractions are non-driving, they don't go on your driving record either. |
Well over charging people is a typical law-enforcement/prosecutorial tactic. People with money and time hire good lawyers and get off. Those without are forced to plead. Or as the Athenians told the Melians, "the strong do what they can and the weak suffer what they must".
Using criminal statutes against people needing rescue from recreational activities is stupid and in my mind immoral. It certainly is counterproductive. But then again, it's New Hampshire.
Rumi
"This is my Indian summer ... I'm far more dangerous now, because I don't care at all."
ChanceShowers, Chief Joseph, Cyclopath, dave allyn
"This is my Indian summer ... I'm far more dangerous now, because I don't care at all."
ChanceShowers, Chief Joseph, Cyclopath, dave allyn
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