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Posted

Concerning about the Fed Law quotes as posted, one does wonder which takes precedence when a person gets arrested. Some states now have changed the age limits, making it older rather than younger, meaning like 19 to 21. So also some states still maintain 16 is the limit. So technically there is an argument between Fed and State agencies, but I am willing to bet that the state will win, since for the most part Fed agencies have better things to do than deal with age problems.

As to the person asking about the cases involving being convicted twice for the same offense, there are 4 known cases now in USA within the past year and a half. I am sorry that I cannot remember the names of those involved, due to time aging my brain, however the memory serves me correctly of that known fact.

I distinctly remember the one incident taking place in Hawaii, after that dude served his time here in Thailand and was given persona non grata after his release. He did not serve too long, so upon his arrival in Hawaii, the Feds got him on the long arm of the law, tried him and convicted him again for the same offense and given the sentence for the same offense and I believe he is doing his sentence in California. His final destination was San Francisco if I remember correctly. As of the other three I cannot remember anymore of those details cause at that time the law just came out, and I was not reading it that much, or took the time to understand what was going on till now.

Daveyo

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Posted
Concerning about the Fed Law quotes as posted, one does wonder which takes precedence when a person gets arrested.  Some states now have changed the age limits, making it older rather than younger, meaning like 19 to 21.  So also some states still maintain 16 is the limit.  So technically there is an argument between Fed and State agencies, but I am willing to bet that the state will win, since for the most part Fed agencies have better things to do than deal with age problems.

As to the person asking about the cases involving being convicted twice for the same offense, there are 4 known cases now in USA within the past year and a half.  I am sorry that I cannot remember the names of those involved, due to time aging my brain, however the memory serves me correctly of that known fact.

I distinctly remember the one incident taking place in Hawaii, after that dude served his time here in Thailand and was given persona non grata after his release.  He did not serve too long, so upon his arrival in Hawaii, the Feds got him on the long arm of the law, tried him and convicted him again for the same offense and given the sentence for the same offense and I believe he is doing his sentence in California.  His final destination was San Francisco if I remember correctly.  As of the other three I cannot remember anymore of those details cause at that time the law just came out, and I was not reading it that much, or took the time to understand what was going on till now.

Daveyo

Could I suggest that the time served in Thailand was for an different offence in Thailand...after he was relaesed from Thailand he would have been charged with the offence in Hawaii........I suggest this because it is extremely unlikely that he would be charged in Thailand for an offence in Hawaii....he would have been held until extradited back to Hawaii.....

Posted
Concerning about the Fed Law quotes as posted, one does wonder which takes precedence when a person gets arrested.  Some states now have changed the age limits, making it older rather than younger, meaning like 19 to 21.   So also some states still maintain 16 is the limit.   So technically there is an argument between Fed and State agencies, but I am willing to bet that the state will win, since for the most part Fed agencies have better things to do than deal with age problems.

As to the person asking about the cases involving being convicted twice for the same offense, there are 4 known cases now in USA within the past year and a half.  I am sorry that I cannot remember the names of those involved, due to time aging my brain, however the memory serves me correctly of that known fact.

I distinctly remember the one incident taking place in Hawaii, after that dude served his time here in Thailand and was given persona non grata after his release.  He did not serve too long, so upon his arrival in Hawaii, the Feds got him on the long arm of the law, tried him and convicted him again for the same offense and given the sentence for the same offense and I believe he is doing his sentence in California.   His final destination was San Francisco if I remember correctly.  As of the other three I cannot remember anymore of those details cause at that time the law just came out, and I was not reading it that much, or took the time to understand what was going on till now.

Daveyo

Could I suggest that the time served in Thailand was for an different offence in Thailand...after he was relaesed from Thailand he would have been charged with the offence in Hawaii........I suggest this because it is extremely unlikely that he would be charged in Thailand for an offence in Hawaii....he would have been held until extradited back to Hawaii.....

Yes, it's a shame we can't verify any of dave's stories. As with any legal case, it all comes down to the details in it. Speaking only in generalities about a case then makes it easy to support any side.

Also with many legal cases, a prosecutor choses which crime to charge a defendent with. As the law is quite complicated, it is feasible to face similiar charges, but not the same exact charge.

Posted
Also with many legal cases, a prosecutor choses which crime to charge a defendent with. As the law is quite complicated, it is feasible to face similiar charges, but not the same exact charge.

Shouldn't the concept of Double Jeopardy come in here.

Or does that only apply to the innocent?

Sending perverts to jail twice is OK?

Posted
Also with many legal cases, a prosecutor choses which crime to charge a defendent with. As the law is quite complicated, it is feasible to face similiar charges, but not the same exact charge.

Shouldn't the concept of Double Jeopardy come in here.

Or does that only apply to the innocent?

Sending perverts to jail twice is OK?

No, it's not OK to send anyone to jail for the same offense. I was trying to provide a possible explanation of Dave's supposedly true event as double jeopardy certainly does come in. Without any specifics of the case provided, what really happened is anyone's guess, and that was mine.

Posted

Ok, dudes, you don't believe me. Then ask GEORGE here, to pull up the past story and informations of those past 4 cases. It was THAI VISA that posted such here. I don't have the capability to dig that deep here, so GEORGE is the one to ask for the information you requested.

As to the Double Jeopardy issue, there are quite a few cases that has been appealed to the Appellate Courts and to the Supreme Courts. For the most part the defendants did win their appeal but not their release, yet some did get released because of the way the charges were pressed etc, but when it got bounced back to Trial court, the prosecution altered the charges a bit, but within the same offense but a different count in their efforts to still sustain the conviction.

Example: One is Statuatory Rape and Rape which was changed to Aggravated Crimminal Sex Assault a Class X Felony 6 to 30 years, next being Crimminal Sex Assault which is 4 to 15 years a Class 1 Felony, next being Aggravated Crimminal Sex Abuse being a Class 2 Felony being 3 to 7 years, next being Crimminal Sex Abuse being a Class 3 Felony being a sentence of 2 to 5 years, and last being Indecent Crimminal Sex Intent being a Class 4 Felony being a sentence of 1 to 3 years.The above mentioned other than a Class X offence is probational. Also the last charge can be watered down to a Misdemeanor Class 1, but not the Class 3 Felony..

This is the last I heard of it in Illinois when I read it in the newspaper a few years back like around 2001. I don't know about it now, nor have I seen the latest changes on the Laws that are usually printed once a year. The very last law that I read 3 years ago was that the Police will issue tickets to anyone driving slow on the left passing lane on the highway.

Here is another piece of information. Say you were charged with some offense, and is going thru the court system and at time of trial phase or in trial the prosecution requests that the charges be dismissed. Being the defendant, yes that is good news and it is also bad news. If the Court agrees to dismiss the charges, your name is not cleared, nor did you get your acquital unless you ask and make the motion for a direct verdict of acquital. So it is smart to make the objection at that moment of time, cause if you don't the prosecution can bring back those very same charges at a later time. In getting the direct verdict of acquital, you essentially got your name cleared and also at same time block the prosecution from every charging you that same offense again later on which effectively closes the door on them for good.

Then viola, you are free to sue the pants out of your accusers!!!!!!!!!!!!!!

Daveyo

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