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Is This Even Legal?

Is This Even Legal?

Old 02-26-2012, 07:32 AM
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Doing some pointless web browsing and I came across this story:

Charlie Sheen ex Brooke Mueller charged with cocaine possession

Blah blah blah... Celebrity ... Drug Possession ... blah blah blah ...

She has been charged with one count of possessing more than four grams of cocaine, but also faces a second charge of possessing under four grams of cocaine in case there is a discrepancy with the measurement. There are also differing lengths of sentence for the two offences.
Wait a minute here...

If there was a discrepancy with the measurement in the first place, then it should be thrown out because the police did not collect the evidence properly, not "we'll keep adding charges until something sticks."
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Old 02-26-2012, 10:53 AM
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Charge stacking?

You can be found innocent of one and guilty of the other - or vice versa. It makes perfect sense to me. This way, you only have to go to trial once, instead of finding out after the fact that it was measured incorrectly and have to start from square one.

Perhaps the problem is, the guy who measured it, measured it in grams instead of ounces - or vice versa. You know, just like when that guy who programmed that probe the crashed into Mars didn't know that they were using meters instead of feet - or was that the other way around?
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Old 02-26-2012, 11:26 AM
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The charges depend directly upon the precise measurement of the substance weight.
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Old 02-26-2012, 11:37 AM
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Very few real people in hollyweird, and most definitely too few Patriots. I say keep all of hollyweird addicted, throw as many as possible in jail, let them OD, let them lose their children, their self respect and more importantly, their right to vote!
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Old 02-26-2012, 01:59 PM
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Originally Posted by rmdhawaii View Post
Charge stacking?

You can be found innocent of one and guilty of the other - or vice versa. It makes perfect sense to me. This way, you only have to go to trial once, instead of finding out after the fact that it was measured incorrectly and have to start from square one.

Perhaps the problem is, the guy who measured it, measured it in grams instead of ounces - or vice versa. You know, just like when that guy who programmed that probe the crashed into Mars didn't know that they were using meters instead of feet - or was that the other way around?

Any proper scientist knows to use the metric system.
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Old 02-26-2012, 05:01 PM
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Originally Posted by Longhair View Post
If there was a discrepancy with the measurement in the first place, then it should be thrown out because the police did not collect the evidence properly, not "we'll keep adding charges until something sticks."
Sounds like every speeding ticket in America.... "I clocked you going 63mph in this 45mph zone, but I went ahead and wrote the citation for 54mph." You nod, accept the lesser charge, and go along....
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Old 02-26-2012, 11:38 PM
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Originally Posted by Shawn_S View Post
Sounds like every speeding ticket in America.... "I clocked you going 63mph in this 45mph zone, but I went ahead and wrote the citation for 54mph." You nod, accept the lesser charge, and go along....
That is because the police know that they would not be able to prove in a court of law that you were actually going 63 mph due to their radar not being calibrated properly.
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Old 02-27-2012, 04:25 AM
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Precisely. Most people know they're speeding, when they're speeding, but at the exact moment they get light up by the cop, they don't know exactly how fast. So the cop scares you with some high number, plays good guy and reduces it because their department's budget is hurting and that radar hasn't been cert'd in some time.....

Someone coked up, who's assaulting someone else, probably honestly remembers they had cocaine on them, but not a clue if they have precisely over or under 4 grams.
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Old 03-01-2012, 04:17 PM
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either way she only gets one charge, this way she doesnt have an out
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Old 03-01-2012, 08:02 PM
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Originally Posted by Shawn_S View Post
Sounds like every speeding ticket in America.... "I clocked you going 63mph in this 45mph zone, but I went ahead and wrote the citation for 54mph." You nod, accept the lesser charge, and go along....
Not exactly. It would be the same if the cop actually wrote you two tickets, one for 63 and one for 54. Would you nod and accept that even knowing that they could only convict you of one or the other?
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Old 03-01-2012, 08:51 PM
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If someone asked me to guess as to why the charges were filed that way, it's because Brooke hired a good lawyer that raised a stink about charges not being filed and her in custody.The magistrate or whoever cooked up the charges covered his ass by tossing in that little caveat about weight. Likely the people that are qualified to certify the weight of scheduled substances were not at work and with budget issues the department wasn't gonna call em in. Just a guess tho.
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