talking smack in a bar one night. You never actually hired anyone. You never actually asked anyone to do anything. You simply said "I wish someone would take him out." Soemone else asks you if you would be willing to pay $2,000 and you respond "Yeah, it would be worth it to me." This is the only conversation, the only time it is ever broached, and you are drunk. After you go home, you get a call from the guy in the bar, and he is taping the call with the help of the police, and he gets you to repeat what you said. You never mention it again, or actually do anything to ask or hire anyone to do the deed. How would you fight the court case? He was charged with solicitation to commit first degree murder and sentenced to 25 years. He is contending that the most he could be charged with is solicitation to solicit first degree murder, which is only punishable by five years, but the appeals have so far been denied. Any ideas or suggestions?
2006-07-27 17:35:52 · 6 answers · asked by ArLorax 4 in Politics & Government ➔ Law & Ethics
He really doesn't have any grounds for appeal because ignorance of the law or being drunk is not an excuse for what he said. Even so, I'm not sure I believe this scenario because no law enforcement can wiretap your phone that same night. Wiretapping is only used as a last resort, and you must have probable cause, a warrant, and proof that there is no other way to catch this criminal, all overseen by a Superior Court Judge.
2006-07-27 17:50:27 · answer #1 · answered by Shawnie 3 · 0⤊ 0⤋
After the trial and the sentence and the appeals you're asking for advice? From the idiots on the 'net?
If there has been a trial and all appeals are exhausted, then the only two routes left are a petition for habeas corpus and/or an appeal for clemency.
Habeas corpus petitions are common in death penalty cases, but rare, and expensive, in other criminal cases. They are also very seldom granted. Basically, it is a petition to have the original case reversed based on information outside of the court record. The usual claim is that the appointed attorney was not competent in some major way.
An appeal for clemency is directed to the Governor and asks that the Governor pardon the defendant or commute part of the sentence. Best time to make the request is when the Governor is a lame duck and is not running for some other office.
Both of these need an experienced attorney, and are unlikely to be part of the public defender's budget. In other words the attorney is going to want to be paid, and paid well.
2006-07-27 17:53:32 · answer #2 · answered by shoshidad 5 · 0⤊ 0⤋
The courts apparently are seeing that when he was approached by someone asking would it be worth two thousand, and he responed it would be worth it to him, as an agreement, hand shake agreement;but an agreement of contract no less.
If his claim is true, it was a gross mistake on his part to publicly make the statements he made. Sure from time to time lots of people have claimed they wish someone were dead or whatever similar, but it was a stupid mistake. Now this person has a case of foot in mouth disease. He is literally eating his own words now.
The only suggestion I would make here is the so called tapping of this conversation. How did it become admissable? How did the person know this individual's phone number to call him for the tapping to take place? How was this derived into a criminal case? Drunks make stupid statements all the time on liquid courage. It makes me wonder what kind of deal the other one involved (one placing the call), had with police. Was he striking a deal to get himself out of something? Seems there was motive here than to blindly do what you've described.
2006-07-27 17:48:09 · answer #3 · answered by midnightdealer 5 · 0⤊ 0⤋
By him "wishing" on something sounds like he was not solicitating he was just hoping something might happen. Paying $2,000 dollars sounds like its still part of his wish. In no time did he mention for that to materialize. Therefore he did not break the law. We all wish certain things all the time, but a wish is totally different than planning.
2006-07-27 18:09:30 · answer #4 · answered by Anonymous · 0⤊ 0⤋
This is for SOSHIDAD. He dumb a*@, you are in the net, and guess what you awnsered the question!!! I think is time to put your adult diaper and go to sleep grandpa. By the way, I think you know very well about an incopetent attorney.
2006-07-27 18:34:15 · answer #5 · answered by Canvas 1 · 0⤊ 0⤋
If you can't do the time, don't do the crime.
2006-07-27 17:48:12 · answer #6 · answered by michinoku2001 7 · 0⤊ 0⤋