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11-12-2012, 06:57 PM
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#31
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Valued Poster
Join Date: Jan 16, 2010
Location: Texas
Posts: 51,038
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Quote:
Originally Posted by blowpop
But in the case of the Halliburton exec, we don't really know enough to conclude that his bankroll or his connections were the reason his charges were dropped and others weren't. We don't even know if others were or weren't dropped.
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What "we" also don't know is whether or not the Judge is "fonder" of the oil business, and the likes of Halliburton, than some posting on here who express their hatred for big/oil business, whether that is a global attitude or selectively targeting Halliburton.
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11-13-2012, 07:50 AM
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#32
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Account Disabled
Join Date: Feb 15, 2012
Location: Houston
Posts: 10,342
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Yes LL I know the difference between the legal definition of entrapment and the real world act of entrapping people.
IMHO, if LE creates the opportunity for a person to commit a crime they have entrapped them. I know that is not the "legal" definition and if he broke the rules then he legally entrapped himself.
I would not convict a person that answered an ad that stated a dollar amount in the ad or stated services and indicated it would be for money if the ad was placed by LE. I think it is called jury nullification when you cannot convict a person based on your belief that the law should not exist.
If a public de3fende does not do his job to the best of their ability and refuses to do what the expensive lawyer would do then maybe they should be looking for another job.
It is my understanding that the DA reviewed the evidence and determined that they did not or could not make the charges stand. Sounds to me like they did not have him dead to rights.
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11-13-2012, 09:53 AM
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#33
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Valued Poster
Join Date: Jul 26, 2012
Location: Houston
Posts: 191
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You can dance in a thong,
Just admit you were wrong,
So do not take so long,
And just sing a new song.
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11-13-2012, 11:27 AM
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#34
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Valued Poster
Join Date: Aug 22, 2012
Location: Houston
Posts: 625
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Quote:
Originally Posted by The2Dogs
If a public de3fende does not do his job to the best of their ability and refuses to do what the expensive lawyer would do then maybe they should be looking for another job.
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No offense, but this is a very naive view of a public defender. Some public defenders are fresh out of law school and have almost no experience. Some are horrible attorneys who can't get many clients on his own. Some are very capable but overworked. Some are very good, but these are the exception, not the rule. Nevertheless, unless the public defender consistently commits major malpractice, he will probably continue to get appointments. They are underpaid (with the exception of a few high profile cases) and really good attorneys usually don't waste their time as a PD.
A high priced criminal attorney such as Dick DeGuerin would have a TREMENDOUS advantage over a public defender. There is no comparison. And they do not come cheap. Usually, only the wealthy can utilize these attorneys. It may not be right, but that is the way it is.
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11-13-2012, 01:18 PM
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#35
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Valued Poster
Join Date: Jul 6, 2011
Location: houston
Posts: 862
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One thing to consider.........this is the only one that the Chron chose to write about...most
likely because he was high profile, in their opinion which made it a story...the Chron
did not even bother to research the story and provide and other info..........always
consider the source when reading the Chron
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11-13-2012, 02:47 PM
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#36
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Valued Poster
Join Date: Feb 27, 2011
Location: Houston
Posts: 5,146
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Quote:
Originally Posted by ampguy
One thing to consider.........this is the only one that the Chron chose to write about...most
likely because he was high profile, in their opinion which made it a story...the Chron
did not even bother to research the story and provide and other info..........always
consider the source when reading the Chron
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Universally TRUE. Very well said, ampguy.
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11-13-2012, 06:36 PM
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#37
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Account Disabled
Join Date: Feb 15, 2012
Location: Houston
Posts: 10,342
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That was part of my point, the other shmoes were not of further use and did not command the space.
The Chronicle is barely kept alive and they really do not have much going for them.
As far as my view of a public defender being naive, so be it but it is also my understanding that public defenders are drawn from the many lawyers that frequent the courtroom and not just the guy right out of law school. Secondly, there is that assumption that the others did not have the ability to hire a lawyer because they did not appear to be "rich" or have a "high profile positon" with a "high profile"
company.
My point, or I should say my main point, was the assumptions made by the OP that are stereotypical of the mindset of, how should I put this, the misguided champion of the little man. The presumption of rich or poor shows the same bias that the local media shows and is inherently wrong. It reminds me of someone like Quanell_X who jumps in and beats his chest and screams that so and so was mistreated until, uh-oh, he finds out he cant make a buck at it and slinks off to his next victim.
When I first saw the title of the thread, I thought it was going to be about how high priced the pussy has become. I was actually shocked that it was about a man that had been entrapped by the po-po and had the charges dropped.
The sad fact is, we would not even be having this discussion if we could come to grips with the stupid laws like this.
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11-14-2012, 04:40 PM
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#38
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Valued Poster
Join Date: Feb 22, 2010
Location: In Transit (Houston)
Posts: 629
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If you are going to hobby...be rich...more like...be silent.
Some things that should be perfectly obvious to all...
First point is, the female LEOs swore in court.
That holds as much water as you swearing in court.
Without audio recording, there would have been no charges filed at all.
Second point, the DA rarely listens to the tapes prior to trial. Your attorney must demand and fight to get copies of the evidence...which you may or may not be allowed to review.
Third point. Transcribing the tape will define if there was actually a "transaction" made. Everything else is totally irrelevant.
Forth point. Guilty or not, the guy will be treated like he was guilty and is still an LE risk for years by everyone...even other hobbiests...even when they know he was not guilty.
Finally, it seems foolish to believe that the adversarial system we call the law would be fair.
Clearly, the more resources one has, the better result one would expect.
Any 180lbs guy fighting a 220lbs guy would know that in the first 2 seconds.
The problem is regardless of the outcome of the legal proceedings/trial...the accused is likely ostracized by everyone that he knows...even by people who do the exact same thing that he was accused of.
You might beat the rap, you won't beat the ride.
Then you have to listen to and deal with the bullshit from others who don't know what really happened.
L8r
r9
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11-18-2012, 02:17 AM
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#39
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BANNED
Join Date: Aug 28, 2012
Location: Niagara
Posts: 6,119
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Yeah, if we'd shut the fuck up about this petty bs, and put equal effort into legalizing our hobby, we might be able to get somewhere.
I hope to not have to prove this, but I'd dig the chance to step upon court and tell the judge, "I get hard ons for strange ass, and yessir, I dig banging whores. Guilty!"
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11-18-2012, 06:54 AM
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#40
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Valued Poster
Join Date: Jan 16, 2010
Location: Texas
Posts: 51,038
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Quote:
Originally Posted by Molay
Some public defenders are fresh out of law school and have almost no experience. Some are horrible attorneys who can't get many clients on his own. Some are very capable but overworked. Some are very good, but these are the exception, not the rule. Nevertheless, unless the public defender consistently commits major malpractice, he will probably continue to get appointments.
A high priced criminal attorney such as Dick DeGuerin would have a TREMENDOUS advantage over a public defender. There is no comparison. And they do not come cheap. Usually, only the wealthy can utilize these attorneys. It may not be right, but that is the way it is.
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#1 .. Harris County doesn't have "public defenders" as in a public defender's office. #2 .. Harris County has an application and stringent screening process for persons seeking ASSIGNMENT to a court as the attorney representing indigent defendants in that Court ... and you won't see one "fresh out of law school" in Harris County. The vast majority are older, seasoned attorneys who work at an assigned court. You will also find that they are "qualified" in the screening process for the amount of past experience they have had in the cases for which they will be assigned.
#3... On the Federal side the U.S. Public Defender office attorney's are highly skilled and effectively operated an a national law firm.... "newbies" need not apply unless they want to work their way up the ranks.
#4 ... There are some excellent "court appointed" attorneys around the state and a few of them make the seminar circuit for the state bar association. Same with the Federal public defender office staff.
I'm not taking anything away from the DeGuerins at all, but many of the "high profile" attorneys who end up in the media manage to maintain a high % of wins by screening and culling their case load ... the "losers" go to younger lawyers in the firm or are referred to other attorneys outside of the firm.
We are talking about the Houston metro area (Harris County). So am I.
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