All good suppositions, however, they are irrelevant to THE LAW.
She did not break a law, she violated a code. Else, the state would be doing wrong by selling the privilege to break the law.
If she goes to court, with a lawyer, she will lose. (unless something else happened like the police didn't follow procedure, or do not actually have evidence.)
Let me make this clear, IF SHE GOES TO COURT, WITH A LAWYER, SHE WILL LOSE!!
The reason anyone would not agree with me is because they do not know what COURT or LAWYER means.
(but then again, she could get lucky and have a jury that knows jury nullification)
Read _Gulag Archepeligo_ to understand what jack booted thugs do. It is not about crime, it is about rounding up people.
which I am slogging through right now.You can also read http://www.constitution.org/lrev/rodell/woe_unto_you_lawyers.htm
Arrest Proof Yourself by Dale C. Carson is a much lighter read and will give you an overview of the corruption involved in the system. This book is a must read for anyone in the USSA.
http://www.dirtycopperstopper.com/docs/Arrest%20Proof%20Yourself.pdf
Actually, I have a pretty good idea of how the and the courts work, as I hold a college degree in Criminal Justice.
In today's climate, I absolute disagree that she would lose if she opted for a jury trial.
As I stated earlier, we all know that the jury is supposed to consider only the evidence allowed in by the court.
HOWEVER, I also know that juries consist of human beings, and if she truly gets a jury of her peers, NOT 12 rich white people, she has a really good shot at being found not guilty.
Just as most people who read this article believe that it's a complete waste of taxpayer funds and public safety resources, the jury will also realize this.
If I were her lawyer, I would push for a trial because I don't believe the state would actually allow this to go to trial. In other words, keep pushing for a trial until they offer a suitable deal.
A suitable deal, in my opinion, means that the charge is dropped from a misdemeanor to a violation, and that a small fine is paid, let's say $100 + court costs. In fact, even better than a fine, since the poor woman has 6 children to feed, maybe 8-10 hours of community service + court costs ($25-$50 in most states).
It's bad enough that the actual arrest will probably hinder her from finding decent employment for the rest of her life, whether she is found guilty or not, since that type of information is made public and readily available for free on the internet.
All in all this is just a HUGE misappropriation of funds and resources. Those cops could have used all of that time they used to conduct this "investigation" on going after REAL criminals like killers, rapists, drug dealers, pedophiles, burglars, etc.
Also, I don't fall for this "random" bullshit, either. I still say this investigation had racial undertones.
Seriously, I don't know what this country is coming to.
Anyone who believes that the United States is actually a "free" country is either deluded or has been asleep for the last 20 years.
Well I'm not a lawyer so I don't know the difference between codes and laws. Thanks for the links:)
nothing is ever certain. everything is always in constant flux; change is the only constant.
you say she will loose the case but there are possible probabilities that she will win the case....as nothing is impossible
I think she could win. Sometimes good and common sense does prevail.