StPaulHusker
Banned
I wonder how much of this could have been avoided if Washington's lawyers just let him speak to the police and explain what happened instead of running interference.
I agree. I have seen it happen. Its not a big deal, until its a big deal. I have seen kids expelled for the entire year.
Probably not much.I wonder how much of this could have been avoided if Washington's lawyers just let him speak to the police and explain what happened instead of running interference.
It could've meant something, it could've meant nothing. I don't think there's enough information to have an informed opinion either way. Washington has the right to remain silent and no charges were brought against him last fall. And, according to Bruning, the CA county attorneys were being hostile and unprofessional at the time. So, legally speaking, they had no obligation to do anything and it could actually benefit them in court.I disagree
If they cops weren't being forthright in what they wanted to discuss (they usually won't be), then you definitely don't talk to them without a lawyer. We've already established that they were vague with the University, and I doubt they were any less vague with Mo and his lawyer.It could've meant something, it could've meant nothing. I don't think there's enough information to have an informed opinion either way. Washington has the right to remain silent and no charges were brought against him last fall. And, according to Bruning, the CA county attorneys were being hostile and unprofessional at the time. So, legally speaking, they had no obligation to do anything and it could actually benefit them in court.
No I actually just talked to a lawyer friend I have, and he confirmed jurisdiction would lay where the alleged evil act occurs. If he was out of state California has no jurisdictionNo, that's not true. The state where an alleged crime happened can have jurisdiction to prosecute the offense. Although MW may have been out-of-state when the alleged text was sent, the text was received in California, thus making it a crime in California. There's already legal precedent for this with cyber crimes.
No I actually just talked to a lawyer friend I have, and he confirmed jurisdiction would lay where the alleged evil act occurs. If he was out of state California has no jurisdiction
Maybe we were the same way before the internet, but a lot of kids have no understanding of actions and consequences.
But the internet changes a lot of it. Kids actually post videos of themselves committing crimes as some kind of brag, then seem befuddled when they get arrested.
Then you need to consult with a different lawyer because that's not accurate to this case. At all.No I actually just talked to a lawyer friend I have, and he confirmed jurisdiction would lay where the alleged evil act occurs. If he was out of state California has no jurisdiction
My guess is your talking about extradition. California can not or will not extradite for a misdemeanor, but can for a felony. This explains the child porn charge!Then you need to consult with a different lawyer because that's not accurate to this case. At all.
I believe @Redux was selling timeshares if you're interested.
You should tell your friend that the Supreme Court ruled on the detrimental effects way back in 1911. Summary:No I actually just talked to a lawyer friend I have, and he confirmed jurisdiction would lay where the alleged evil act occurs. If he was out of state California has no jurisdiction
To satisfy the minimum requirements for an exercise of criminal jurisdiction over out-of-state conduct,
there must be (1) an act occurring outside the state, which is (2) intended to produce detrimental effects
within the state, and (3) is the cause of detrimental effects within the state. Unlike the jurisdictional
analysis in civil cases, the "minimum contacts" analysis does not apply when determining criminal
jurisdiction.6
In criminal cases, the analysis focuses on the intent of the defendant and the effects within
the forum state.
It's not about extradition. @ndobney was talking about jurisdiction and prosecution.My guess is your talking about extradition. California can not or will not extradite for a misdemeanor, but can for a felony. This explains the child porn charge!
It's not about extradition. @ndobney was talking about jurisdiction and prosecution.
The alleged victim in this crime received the text in California. It does not matter if the perpetrator was in Nebraska or Tibet. The alleged text was a crime in California and they can prosecute it under California law. It's the exact same way we prosecute inter-state cyber crimes.