k**********4
发帖数: 16092 | 1 按老美的效率，如果有证据肯定已经charge了，罪名以后可以增加或减少 | A****s
发帖数: 932 | 2 在网上查了一下，在明州 petty misdemeanor 警方可以直接决定逮捕。反而是 gross
misdemeanor 和 felony 警方不能直接逮捕，必须由检察官提出指控又法官签字警察才
能逮捕。而警察在没有逮捕令的情况下拘留不能超过36个小时。如果36个小时之内警察
搞不来逮捕令，就得放人，就是所谓的 “released pending formal complaint”。越
是严重的案子，调查所需时间越长，经常要等好几个月才能等到 “formal charge”。 | d*b
发帖数: 1 | 3 好个屁，这是刘强东噩梦的开始和延续！
现在这么拖延说明，就是不想撤案，如果证据不足，或者侦查结果悖反，就不会这么延
期了。现在要延期，就是企图把证据给你高扎实，搞具体，搞详细，搞得无懈可击。
因为警方很明白，如果证据不足，到了检方要么： 1）拒绝起诉，drop case； 2）退
会报告，要求补充证据，继续调查；3）正式起诉。
考虑到这是一个影响巨大，十分震憾，牵扯到花尔街和很多投资人的案件，涉及到中美
两国，加上对方律师据说很牛逼，检调双方/检察院和警察如果准备不好，最后输了官
司，那可是很丢人的事。 相反，如果准备充分，证据过硬，官司打赢了，检调双方就
会很有面子，就会打出明显级别的检察官和刑事警官。
这就是为啥现在警方和检察官现在很认真的原因。用常规判断，检调双方估计一直就调
查取证和进展情况通气合作。 虽然检察官办公室说还没有看到报告，但不等于他们在
侦查上没有合作。事实上，最后警方侦查报告出来的时候，应当就是刘强东被押上法庭
噩耗开始的时刻。
【在 k**********4 的大作中提到】
: 按老美的效率，如果有证据肯定已经charge了，罪名以后可以增加或减少
| V********u
发帖数: 80 | | k**********4
发帖数: 16092 | 5 I found this hard to believe, normally, if the crime is violent and serious,
they would like to put you in jail ASAP, so that you can not commit more
crimes or flee, what you said does not make sense to me at all.
gross
【在 A****s 的大作中提到】
: 在网上查了一下，在明州 petty misdemeanor 警方可以直接决定逮捕。反而是 gross
: misdemeanor 和 felony 警方不能直接逮捕，必须由检察官提出指控又法官签字警察才
: 能逮捕。而警察在没有逮捕令的情况下拘留不能超过36个小时。如果36个小时之内警察
: 搞不来逮捕令，就得放人，就是所谓的 “released pending formal complaint”。越
: 是严重的案子，调查所需时间越长，经常要等好几个月才能等到 “formal charge”。
| V********u
发帖数: 80 | 6 是吧，浪四姑时不时企图偷偷私下找老三？
居然不知老三是孕体
眼眸也在 | A****s
发帖数: 932 | 7 大概是为了保护被告，防止警察罗织个罪名随便抓人。西方的法律非常重视保护被告，
防止冤假错案。既然你懂点英文，自己看链接。
https://www.avvo.com/legal-answers/what-does-being-charged-by-formal-
complaint-mean--474104.html
Posted on Jun 11, 2011
All felony and most gross misdemeanor criminal offenses are required to be
filed with the court and served upon the defendant in the form of a
complaint. A complaint has a probable cause narrative section that must set
forth the facts supporting the alleged criminal conduct. Also contained in
the complaint will be each criminal charge set foth in individual counts.
The complaint will be mailed to you and most likely will include a summons
telling you when to appear in court. Usually a person not charged by formal
complaint would get a citation or tab charge, similar to a ticket one would
get for speeding. I hope this helps. Please feel free to contact me if you
have any questions.
Posted on Jun 11, 2011
Minnesota police officers, including state troopers, are authorized by law
to issue citations alleging a petty misdmemeanor and some misdemeanor
offences, subject to review by the jurisdictions prosecuting attorney. But a
felony can only be charged by Complaint by the prosecuting attorney (or
Indictment from a Grand Jury). Possession of meth, if charged, would be a
felony.
Posted on Jun 14, 2011
You may be wondering why they let you go if they had already arrested you,
and they found what may be 23.5 grams of methamphetamine. The reason you
were released is the "36 Hour Rule" under Minnesota law. In general, if you
have been arrested without a warrant, the State must bring you before a
judge within 36 hours of your arrest, not counting the day of arrest, or
Sunday.
By that time, the local prosecutor would need to draft a complaint, with an
attached affidavit of probable cause, and have it signed under oath by the
officer, or another who is familiar enough with the facts to swear to the
affidavit. This takes time, and it is not uncommon that potential defendants
are simply released because the complaint cannot be completed in time or
the police want to wait for the crime lab to finish its work before charging
the case.
The prosecutor has years to file the complaint, but you will generally see
it within 6 months. The cutoff for a first degree meth charge, for mere
possession is 25 grams, so as a possession crime this would likely be
charged out as a second degree case. Second degree controlled substance
charges are a level 8 offense, which means that a conviction would carry a
presumptive prison commitment, even with no criminal history.
Under Minnesota law, possession with intent to sell is the same as a sale.
As a sale crime, the cutoff for first degree is 10 grams. I have seen cases
where the State will try to argue possession with intent to sell, based on
items like baggies and scales being present. If the State were to go this
route, it would be a level 9 offense under the sentencing guidelines, and
would be a more lengthy presumptive prison commitment.
In both cases, you will want to have a lawyer examine absolutely everything
that happened on the day in question. Did the trooper act properly in
stopping you, in expanding the stop, in searching you, or you car and other
possessions?
Even if there are no issues to fight at trial, or at a pretrial hearing, a
skilled lawyer can bring a motion for departure, to help you get probation
instead of prison. A motion for departure is an argument to the judge that
they should do something other than what the sentencing guidelines require.
Every year judges depart to probation in roughly 1/3 (or slightly more) of
these cases. But, in order to depart, a judge needs a good reason. This
often involves drafting an alternate PSI, and treatment plan, as well as a
detailed motion.
In summary, you should take your paperwork and sit down with a skilled
criminal trial lawyer. Most good defense attorneys, including me, offer a
free consultation. Whether there are pretrial, trial, or sentencing issues,
the potential consequences here can be devastating.
serious,
【在 k**********4 的大作中提到】
: I found this hard to believe, normally, if the crime is violent and serious,
: they would like to put you in jail ASAP, so that you can not commit more
: crimes or flee, what you said does not make sense to me at all.
:
: gross
| A****s
发帖数: 932 | 8 Also, it does not make sense to you because you are a Chinese and grew up in
a society NOT ruled by law. In a society which is ruled by law, everybody
is presumed innocent until proven guilty. To charge somebody with felony,
you need solid evidence. And this is what the police and DA are doing now,
collecting evidence.
serious,
【在 k**********4 的大作中提到】
: I found this hard to believe, normally, if the crime is violent and serious,
: they would like to put you in jail ASAP, so that you can not commit more
: crimes or flee, what you said does not make sense to me at all.
:
: gross
| s***h
发帖数: 487 | 9 I found you stay in 廊坊 too long to believe.
: I found this hard to believe, normally, if the crime is violent and
serious,
: they would like to put you in jail ASAP, so that you can not commit
more
: crimes or flee, what you said does not make sense to me at all.
: gross
【在 k**********4 的大作中提到】
: I found this hard to believe, normally, if the crime is violent and serious,
: they would like to put you in jail ASAP, so that you can not commit more
: crimes or flee, what you said does not make sense to me at all.
:
: gross
| b*******8
发帖数: 37364 | 10 强东回办公室露了一下，这几天都不露头，被董事会搞的焦头烂额了。
家里奶茶还在闹别扭，不肯出来秀恩爱。
麻烦大了 | k**********4
发帖数: 16092 | 11 I lived in US for many years and read many books about the law.
The paragraphs you cited are mostly about drug offenses, which
is generally not considered as violent crimes, it is different from
violent crimes such as rape.
in
【在 A****s 的大作中提到】
: Also, it does not make sense to you because you are a Chinese and grew up in
: a society NOT ruled by law. In a society which is ruled by law, everybody
: is presumed innocent until proven guilty. To charge somebody with felony,
: you need solid evidence. And this is what the police and DA are doing now,
: collecting evidence.
:
: serious,
| A****s
发帖数: 932 | 12 It is specifically pointed out in the discussion that possession of meth (
drug) is a FELONY in MN.
【在 k**********4 的大作中提到】
: I lived in US for many years and read many books about the law.
: The paragraphs you cited are mostly about drug offenses, which
: is generally not considered as violent crimes, it is different from
: violent crimes such as rape.
:
: in
| k**********4
发帖数: 16092 | 13 felony does not mean violent , young man, you have a lot of growing up to do.
【在 A****s 的大作中提到】
: It is specifically pointed out in the discussion that possession of meth (
: drug) is a FELONY in MN.
|
|
