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Great news for Gotsis
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<blockquote data-quote="Whiskey_Clear" data-source="post: 446510" data-attributes="member: 735"><p>An arrest warrant has to be taken out for any and every physical arrest. If a cop makes an arrest, transports the arrested to jail, the cop has to swear out an arrest warrant in front of a judge. The judge must agree that the officer has “probable cause” to believe the arrestee committed the offense listed on the warrant and sworn to by the cop.</p><p></p><p>If a cop finds probable cause an individual committed a crime, but isn’t able to make a physical arrest, the cop swears out a warrant in the same way. That warrant will be outstanding until the subject of same either turns himself in (like Gotsis did) or is otherwise found and apprehended on that outstanding warrant.</p><p></p><p>Probable cause is a much lower threshold than “beyond a reasonable doubt.” If a DA finds there is not sufficient evidence to reach that threshold of proof they can and do decline to prosecute.</p><p></p><p>In the case of Gotsis, from known facts, I think it was a miscarriage of justice to take that warrant out. I’m highly skeptical that even probable cause could be met under the circumstances and evidence available.</p><p></p><p>The alleged victim can still attempt to sue him in a civil case regardless of the DA’s decision. It hurts her civil case but the burden of proof there is more than 50%.</p></blockquote><p></p>
[QUOTE="Whiskey_Clear, post: 446510, member: 735"] An arrest warrant has to be taken out for any and every physical arrest. If a cop makes an arrest, transports the arrested to jail, the cop has to swear out an arrest warrant in front of a judge. The judge must agree that the officer has “probable cause” to believe the arrestee committed the offense listed on the warrant and sworn to by the cop. If a cop finds probable cause an individual committed a crime, but isn’t able to make a physical arrest, the cop swears out a warrant in the same way. That warrant will be outstanding until the subject of same either turns himself in (like Gotsis did) or is otherwise found and apprehended on that outstanding warrant. Probable cause is a much lower threshold than “beyond a reasonable doubt.” If a DA finds there is not sufficient evidence to reach that threshold of proof they can and do decline to prosecute. In the case of Gotsis, from known facts, I think it was a miscarriage of justice to take that warrant out. I’m highly skeptical that even probable cause could be met under the circumstances and evidence available. The alleged victim can still attempt to sue him in a civil case regardless of the DA’s decision. It hurts her civil case but the burden of proof there is more than 50%. [/QUOTE]
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Great news for Gotsis
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