Adam Gotsis arrested

[Milwaukee]

This is a money grab, plain and simple. #freegotsis

 

[YJMD]

This is a money grab, plain and simple. #freegotsis

Criminal proceedings don't result in financial award. Now, it's possible that this is a precursor to civil litigation, but how could we know if this is legit?

 

[Whiskey_Clear]

An arrest might prompt an out of court settlement without the need for a trial.

A willingness to go to trial, forces DA to make a decision.

DAs have nothing to do with and care nothing about civil cases.

 

[AE 87]

DAs have nothing to do with and care nothing about civil cases.

Rape is a criminal case.

 

[motynes]

Unless she was a minor the statute of limitations on something like this is generally 1 year from the date of the incident for intentional torts. At least it is in Mississippi. I’m not licensed in Georgia, so I’m not sure about there.

 

[Augusta_Jacket]

There is a lot here I think is just plain incorrect.

Let’s stay focused on PC though.

“Probable cause for arrest exists when facts and circumstances within the police officer's knowledge would lead a reasonable person to believe that the suspect has committed, is committing, or is about to commit a crime. Probable cause must come from specific facts and circumstances, rather than simply from the officer's hunch or suspicion.”

https://criminal.findlaw.com/criminal-rights/probable-cause.html

The link delves into pc for search warrants etc also but PC has the same standard there as well.

I'm familiar with findlaw.com and have used it before. At issue is that probable cause has no set legal definition that is consistent through case law. It is somewhere between reasonable suspicion and preponderance of the evidence. Police do not need proof to arrest. They can detain on reasonable suspicion and arrest on probable cause. As someone who has worked in and with law enforcement, I can promise you that people are routinely arrested on the basis of an accusation. It's not as uncommon as some think. Most of those who are, however, are never in a position to really protest it though.

What you are describing, and what the link above describes, are the textbook answers that SHOULD be the way things operate. Things don't always operate like that, and frankly, the courts haven't proven to be eager to delve into fleshing out what exactly constitutes probable cause. An accusation by one single accuser can be probable cause, if the officer or judge states that a reasonable person would believe the accuser. The police officer does not have to prove guilt, merely arrest and let the courts do their job. In the current climate regarding sexual assault, I imagine more courts are willing to assign probable cause to accusations of this nature.

 

[Augusta_Jacket]

Unless she was a minor the statute of limitations on something like this is generally 1 year from the date of the incident for intentional torts. At least it is in Mississippi. I’m not licensed in Georgia, so I’m not sure about there.

The statute of limitations for rape in GA is 15 years.

 

[Whiskey_Clear]

Rape is a criminal case.

Yup....and the DA’s office prosecutes it. They don’t litigate any civil cases that arise from it.

 

[Whiskey_Clear]

I'm familiar with findlaw.com and have used it before. At issue is that probable cause has no set legal definition that is consistent through case law. It is somewhere between reasonable suspicion and preponderance of the evidence. Police do not need proof to arrest. They can detain on reasonable suspicion and arrest on probable cause. As someone who has worked in and with law enforcement, I can promise you that people are routinely arrested on the basis of an accusation. It's not as uncommon as some think. Most of those who are, however, are never in a position to really protest it though.

What you are describing, and what the link above describes, are the textbook answers that SHOULD be the way things operate. Things don't always operate like that, and frankly, the courts haven't proven to be eager to delve into fleshing out what exactly constitutes probable cause. An accusation by one single accuser can be probable cause, if the officer or judge states that a reasonable person would believe the accuser. The police officer does not have to prove guilt, merely arrest and let the courts do their job. In the current climate regarding sexual assault, I imagine more courts are willing to assign probable cause to accusations of this nature.

You are so close but yet so far. The reasonable person standard is what constitutes PC. So yeah if you get a whacko cop, and a whacko judge, I guess hypothetically you could get an arrest warrant signed based on an accusation alone.

You seem to think it happens frequently. I challenge you to cite one single case where an accusation alone led to an arrest.

You ain’t gonna find it.

Now if an accusation contains specific information that can be verified....the verification of those specific details can lead to an arrest. But an allegation alone? No.

Cop says “Hey Joe, this lady claims you raped her.” Joe replies “I’ve never seen that lady in my entire life much less ever had any physical contact with her!” Cop says “Well you can tell it to the judge, turn around and put your hands behind your back.”

Thank God our criminal justice system doesn’t work that way. Certainly you don’t believe it does? We must be failing to communicate somehow.

 

[Animal02]

You are so close but yet so far. The reasonable person standard is what constitutes PC. So yeah if you get a whacko cop, and a whacko judge, I guess hypothetically you could get an arrest warrant signed based on an accusation alone.

You seem to think it happens frequently. I challenge you to cite one single case where an accusation alone led to an arrest.

You ain’t gonna find it.

Now if an accusation contains specific information that can be verified....the verification of those specific details can lead to an arrest. But an allegation alone? No.

Cop says “Hey Joe, this lady claims you raped her.” Joe replies “I’ve never seen that lady in my entire life much less ever had any physical contact with her!” Cop says “Well you can tell it to the judge, turn around and put your hands behind your back.”

Thank God our criminal justice system doesn’t work that way. Certainly you don’t believe it does? We must be failing to communicate somehow.

Unfortunately, like every profession, the is a small percentage of bad eggs in both police departments and prosecutor offices. Too often, PDs protect their own, and prosecutors seem to be politically connected and immune.

 

[LibertyTurns]

There’s the full range of experiences on here. I was jailed in South Georgia when I was involved in an extremely minor fender bender- two cars backing up and bumpers touched. I pass for a variety of ethnicities depending on how you look at me. In this case it was DWNW. Was sitting in the cell trying to figure out how to get out when the Sargeant in charge at the station found out I had a military ID and got me out of there faster than I could blink. It happens where arrests are made based on practically nothing.

 

[AE 87]

Yup....and the DA’s office prosecutes it. They don’t litigate any civil cases that arise from it.

They also don't do my grocery shopping, as long as we're posting non-sequiturs.

 

[Skeptic]

This is a money grab, plain and simple. #freegotsis

And you know this how?

 

[Skeptic]

There’s the full range of experiences on here. I was jailed in South Georgia when I was involved in an extremely minor fender bender- two cars backing up and bumpers touched. I pass for a variety of ethnicities depending on how you look at me. In this case it was DWNW. Was sitting in the cell trying to figure out how to get out when the Sargeant in charge at the station found out I had a military ID and got me out of there faster than I could blink. It happens where arrests are made based on practically nothing.

Depending on when that happened in South Georgia, you are lucky to ever have been heard from again.

 

[doug]

They also don't do my grocery shopping, as long as we're posting non-sequiturs.

Don't get an attitude. You're the one that said "out of court settlement," which implies a civil case. Criminal cases have plea bargains, not settlements. That's where all the confusion came from.

 

[Augusta_Jacket]

You seem to think it happens frequently. I challenge you to cite one single case where an accusation alone led to an arrest.

You ain’t gonna find it.

Duke Lacrosse team. All the investigators had was the accusation of the accuser and her picking their faces out of a lineup.

Lacrosse team was exonerated, charges were dropped, and DA was disbarred after the facts came out that it was fabricated. No evidence, yet an arrest was made based on one ladies accustion.

 

[Whiskey_Clear]

They also don't do my grocery shopping, as long as we're posting non-sequiturs.

What was your point then?

 

[Whiskey_Clear]

Duke Lacrosse team. All the investigators had was the accusation of the accuser and her picking their faces out of a lineup.

Lacrosse team was exonerated, charges were dropped, and DA was disbarred after the facts came out that it was fabricated. No evidence, yet an arrest was made based on one ladies accustion.

Excellent example of police and prosecutorial misconduct. So bad that the lead prosecutor was fired, disbarred (for dishonesty, fraud, deceit, and misrepresentation), and spent a day in jail himself. Nifong was, I believe, the first prosecutor in North Carolina, to be disbarred for trial conduct.

But the arrests were not based on an accusation solely. There was also a bogus (only suspects depicted) photo lineup and DNA tests involved, and a medical exam of the accuser. Not to mention voluntary statements provided by the accused and a search of their residence.

So in summary you are not correct.

 

[AE 87]

What was your point then?

That the accuser may drop charges if a private agreement could be made.

 

[Whiskey_Clear]

An arrest might prompt an out of court settlement without the need for a trial.

A willingness to go to trial, forces DA to make a decision.

That the accuser may drop charges if a private agreement could be made.

Ah, ok. Yes any prosecution requires a victim wishing to seek prosecution. So a “willingness” to go to trial is a must for every criminal offense involving a victim.

But such a payoff, or any talks toward that, would effectively scuttle the case and open the accuser up to potential extortion charge.

If a pay day is what a victim seeks in this situation the victim and victim’s attorney would be incredibly foolish to pursue prior to the disposition of the criminal case. Civil litigation and settlements will typically occur afterwards.