lol the people disagreeing with a question is all you need to know about the state of these forums. Anyhow, again excuse my ignorance as I have no law education, how does one plead guilty or not guilty to something where there is no charge presented? Seems odd to me but I know law especially in a state like NY is complicated.
Why are you saying no charges were presented? Everything I'm reading says he was charged with 34 felony counts of falsifying business records, which has a maximum sentence of 134 years in prison.
In the rare instance when a charging document fails to properly charge a crime, the defense attorney would file a written motion to dismiss it. In Florida, if you enter a plea at arraignment without reserving a specific amount of time to attack the sufficiency of the charging document, those defects are waived. My guess is you keep getting disagrees because your questions assume the indictment is somehow defective or fails to state a violation of the law. You are incorrect.....34 times.
The problem is all of them are misdemeanors. The problem of these leading to a second crime (that makes it a felony) is that the DA didn't say what that 2nd crime was and therein lies the main issue of convicting Trump. The defense is going to eat these prosecutors up when the trial comes around if they don't disclose what this 2nd crime is. You can't just bring up charges without conveying what the specific charges are for in order for the defense to actually defend the case.
From Forbes: "The Manhattan District Attorney’s Office alleged in a press release that Trump deployed “catch and kill” schemes before and after the 2016 presidential election to bury three alleged affairs, then “went to great lengths to hide this conduct, causing dozens of false entries in business records to conceal criminal activity.” Trump’s actions amounted to “attempts to violate state and federal election laws,” the DA’s office alleged—the schemes were intended to hide “damaging information from the voting public during the 2016 presidential election,” District Attorney Alvin Bragg said in a statement."
LOL. This is what happens when you have non-lawyers practicing law. Do you really think that all that goes on between now and the trial is a bunch of press conference? Really? Go here: Section 200.95 - Indictment; bill of particulars, N.Y. Crim. Proc. Law § 200.95 | Casetext Search + Citator And here: Section 245.20 - Automatic discovery, N.Y. Crim. Proc. Law § 245.20 | Casetext Search + Citator Read, learn.
Underwhelming charges. The laundering of the payments is an issue, but the underlying “offenses” are catch and kill. Blah.
NY state law says you can do exactly that as Bragg indicated in his presser today. You should stop getting legal advice from Judge Pirro.
Jeez he is so low energy. Apparently this is all about Hunter Biden. Ooh just now WW3 impending. I’ve had my limit going to check out Rabbit Hole.
As usual, you are the reasonable one out of all the Democrat attorneys on this board. Thank you for your summary of the indictment.
I'm not an attorney, but wouldn't the catch and kill dollar amounts exceed the threshold of legal campaign donations and if proven it was organized by Trump, does that not convert the 34 misd's to felonies?
That reminds me of a former friend that confessed to his wife about an affair he wanted to have with a coworker. The wife went ballistic, divorced him taking everything. The coworker was oblivious to his intentions and took a pass.
Exactly. Essentially all they have to do is track the language of the statute while inserting location, date, amount, etc. I don't understand what people were expecting to see in an indictment.
