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11-18-2022, 11:13 AM
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#31
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Registered User
Join Date: Mar 2017
Location: Baystater
Posts: 3,483
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Looks like he got pre trial diversion. As long as he complies with the terms of the plea he'll have no criminal record. Some will never let it go though.
I'm sure he wishes it never happened. Time to move on and not throw stones... glass houses and all.
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11-18-2022, 01:08 PM
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#32
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Registered User
Join Date: Aug 2012
Posts: 8,798
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Quote:
Originally Posted by PaceAdvantage
Please provide a link proving what you wrote above, or I will have to delete it.
Nothing I have read in the news points to anything you write above being true.
He pled guilty to a LESSER CHARGE. Why in the world would he do that if he then had to do as you say above?
https://wnyt.com/top-stories/saratog...educed-charge/
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Do you know how a plea colloquy works? He must "admit the conduct made punishable by the law". (See here: https://www.nolo.com/legal-encyclope...ens-court.html )
The way it works is the prosecutors and his defense lawyers will agree on a script setting forth the facts of his offense. So he won't simply be able to say "I am guilty of harassment". He will have to admit the facts of what he actually did.
The charge is knocked down. But that's the deal- you accept responsibility FOR WHAT YOU ACTUALLY DID, and in exchange, the charge is knocked down and the greater charges are dismissed.
Indeed, the law cannot compel a defendant to admit anything other than the true facts. That would constitute perjury.
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11-18-2022, 01:18 PM
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#33
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Registered User
Join Date: Aug 2012
Posts: 8,798
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The basic point here, made succinctly, is suppose you point a gun at someone and are charged with assault with a deadly weapon. If prosecutors take your guilty plea for first offense simple assault and put you in a diversion program, they are still going to make you go into court and admit you pointed the gun. They won't let you just say "I committed simple assault". You have to admit the actual conduct that brings about the charge, and you aren't allowed to lie about it.
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11-18-2022, 01:40 PM
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#34
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PA Steward
Join Date: Mar 2001
Location: Del Boca Vista
Posts: 88,541
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So show me the court video or court transcript of Chad stating he threw her down the stairs and choked her.
Or even one news report.
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11-18-2022, 02:58 PM
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#35
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Registered User
Join Date: Nov 2015
Location: LNN
Posts: 524
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Quote:
Originally Posted by dilanesp
The basic point here, made succinctly, is suppose you point a gun at someone and are charged with assault with a deadly weapon. If prosecutors take your guilty plea for first offense simple assault and put you in a diversion program, they are still going to make you go into court and admit you pointed the gun. They won't let you just say "I committed simple assault". You have to admit the actual conduct that brings about the charge, and you aren't allowed to lie about it.
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They CAN force a defendant to admit to certain facts but they don't HAVE to do anything. The prosecution and judge can accept a guilty plea with no further explanation needed.
Get transcripts and let's see what actually happened.
__________________
They didn't take your money...You paid for lessons
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11-18-2022, 03:51 PM
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#36
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Registered User
Join Date: Jun 2019
Location: Clarksville, AR
Posts: 1,216
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There's also this note at the end of the WNYT story:
EDITORS NOTE: An earlier version of this story erroneously described this as an assault case. Brown was never charged with assault.
There have been a lot of us guilty of erroneous statements of one sort or another in this matter over the past months.
__________________
Tom in NW Arkansas
Past performances are no guarantee of future results. - Why isn't this disclaimer printed in the Daily Racing Form?
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11-18-2022, 04:26 PM
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#37
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Registered User
Join Date: Aug 2012
Posts: 8,798
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Quote:
Originally Posted by PaceAdvantage
So show me the court video or court transcript of Chad stating he threw her down the stairs and choked her.
Or even one news report.
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Has he had his colloquy yet? They just announced the plea deal!
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11-18-2022, 04:29 PM
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#38
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Registered User
Join Date: Aug 2012
Posts: 8,798
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Quote:
Originally Posted by deelo
They CAN force a defendant to admit to certain facts but they don't HAVE to do anything. The prosecution and judge can accept a guilty plea with no further explanation needed.
Get transcripts and let's see what actually happened.
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That's true. They can accept an Alford plea (where the defendant maintains innocence), but prosecutors generally don't accept them, and judges don't like them either. In any event, Alford pleas usually get publicized as such-- this doesn't look like an Alford plea.
The prosecutors can also agree to a procedure where they read the facts into the record but do not require the defendant to assent to them, but in that situation, the judge can still ask, in the colloquy, that the defendant admit that those facts are true, and many judges do this as a matter of course. And any good defense lawyer advises their client BEFORE taking the plea deal that they may have to admit the facts as part of the colloquy. I am sure Brown was so advised.
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11-18-2022, 05:14 PM
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#39
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PA Steward
Join Date: Mar 2001
Location: Del Boca Vista
Posts: 88,541
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Quote:
Originally Posted by dilanesp
I am sure Brown was so advised.
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I am quite sure you're not sure of anything when it comes to this case.
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11-18-2022, 05:34 PM
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#40
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Registered User
Join Date: Jun 2019
Location: Clarksville, AR
Posts: 1,216
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What is second degree harassment? Here's the definition:
https://www.nysenate.gov/legislation/laws/PEN/240.26
If you want to see some of the differences, the links at the top of the page take you on the left to first degree and on the right to aggravated harassment in the second degree, both of which are misdemeanors, whereas "regular" second degree harassment is a violation.
The original charge of criminal obstruction of breathing was also a misdemeanor charge.
__________________
Tom in NW Arkansas
Past performances are no guarantee of future results. - Why isn't this disclaimer printed in the Daily Racing Form?
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11-18-2022, 11:32 PM
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#41
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Registered User
Join Date: Jun 2018
Location: South of heaven
Posts: 385
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Has anyone tried offering Brown some THC gummies? I hear those are great at making people chill out.
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11-18-2022, 11:37 PM
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#42
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Registered User
Join Date: Jun 2018
Location: South of heaven
Posts: 385
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Quote:
Originally Posted by $w1fT
Man, keyboard tough guy with gay and misogynistic jokes?! Because I dont like your boy Chad Brown? How will I ever recover from this?
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Must be his insecurity talking.
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11-21-2022, 08:04 PM
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#43
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Registered User
Join Date: Jan 2015
Posts: 915
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So I fully expected the following morning to see an announcement (or more likely a tweet) via a press figure or someone connected to Chad Brown that his account was hacked or some similar excuse for the tweeting barrage & account deletion which occurred. Considering it's been several days & no such word is out, is it now fair to assume it was legitimately him behind all those tweets?
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11-22-2022, 12:09 PM
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#44
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Registered User
Join Date: Jun 2019
Location: Clarksville, AR
Posts: 1,216
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Quote:
Originally Posted by SG4
So I fully expected the following morning to see an announcement (or more likely a tweet) via a press figure or someone connected to Chad Brown that his account was hacked or some similar excuse for the tweeting barrage & account deletion which occurred. Considering it's been several days & no such word is out, is it now fair to assume it was legitimately him behind all those tweets?
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Other than a couple of tweets which came from an almost identically named impostor account at the end (after Chad had deleted his own account), I don't think there was too much question about whether it was him or not. He's "thrown down" with others (to a lesser extent) before.
I will miss his account somewhat - he was pretty good with some of the memes!
__________________
Tom in NW Arkansas
Past performances are no guarantee of future results. - Why isn't this disclaimer printed in the Daily Racing Form?
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