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Stupid client goes to someone else's school. Stupid client beats up another kid.
Police arrive. The cops charge stupid client with assault. The assault charge is laid pursuant to the criminal code. The cops also charge stupid client with engaging in a prohibited activity pursuant to the Trespassing Act.
So, we have a criminal statute and a non-criminal statute. Two different charges, two different courthouses. So smart counsel advises stupid client to plead guilty to the charge laid under the Trespassing Act. He pleads guilty and the facts are read in. The facts are that he committed trespass and then beat up the other kid.
Stupid client gets a minor fine and walks out of the courtroom a free man.
Stupid client arrives with smart counsel at his criminal trial. Smart counsel has a copy of the transcript of the guilty plea from the earlier matter. Smart counsel tells the judge that stupid client has already been found guilty for the same set of facts and that the court cannot try stupid client twice.
The judge agrees and the charge is thrown out of court. Stupid client walks again. No criminal conviction and no jail. The victim is there and the victim is pissed off.
I say that the victim should be pissed off with the idiot who laid the charges. I offer this case as a specific example as to why the police should take time to learn the law. This isn't rocket science and as a member of the public, it makes me
Mad.
Police arrive. The cops charge stupid client with assault. The assault charge is laid pursuant to the criminal code. The cops also charge stupid client with engaging in a prohibited activity pursuant to the Trespassing Act.
So, we have a criminal statute and a non-criminal statute. Two different charges, two different courthouses. So smart counsel advises stupid client to plead guilty to the charge laid under the Trespassing Act. He pleads guilty and the facts are read in. The facts are that he committed trespass and then beat up the other kid.
Stupid client gets a minor fine and walks out of the courtroom a free man.
Stupid client arrives with smart counsel at his criminal trial. Smart counsel has a copy of the transcript of the guilty plea from the earlier matter. Smart counsel tells the judge that stupid client has already been found guilty for the same set of facts and that the court cannot try stupid client twice.
The judge agrees and the charge is thrown out of court. Stupid client walks again. No criminal conviction and no jail. The victim is there and the victim is pissed off.
I say that the victim should be pissed off with the idiot who laid the charges. I offer this case as a specific example as to why the police should take time to learn the law. This isn't rocket science and as a member of the public, it makes me
Mad.