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<blockquote data-quote="Technut1990" data-source="post: 446550" data-attributes="member: 3774"><p>Whiskey you sound like you know the process. I need to point out just as an addition, when a cop takes a warrant and the arrested person is booked into a jail the accused is entitled to a probable cause hearing in magistrate court. In that hearing the cop who took the warrant testifies to the probable cause. If the judge, after the hearing agrees that cause exist then the charge is sent to the proper court for prosecution, either Superior Court for felonies ( The DA ) or State Court for misdemeanors (Solicitor). In a rape case the DA will review the evidence investigate further to confirm or refute the charge and then a decision is made as to prosecution. Certain felonies have to go to The Grand Jury for an indictment, that Grand Jury can decide against prosecution also, it’s known as a Return of No Bill.</p><p></p><p>Unfortunately things get very political in Sexual abuse cases and more unfortunately probable cause is often based totally on a victims statement. Why ? Because elected officials will never allow themselves to be viewed as erring on the side of a predator, innocent or not. Another truly sad fact is that District Attorneys will often use a Grand Jury to No Bill a case that they ve known shouldn’t be prosecuted. Why ? Because if asked why someone wasn’t prosecuted they will tell us that the Grand Jury declined the charges. Another way to avoid the look of siding with a predator. It’s a legal malpractice but it takes place everyday in every metro county around here. Politicians want votes, they will do what they need to to get and retain it, including allowing you to go to jail.</p></blockquote><p></p>
[QUOTE="Technut1990, post: 446550, member: 3774"] Whiskey you sound like you know the process. I need to point out just as an addition, when a cop takes a warrant and the arrested person is booked into a jail the accused is entitled to a probable cause hearing in magistrate court. In that hearing the cop who took the warrant testifies to the probable cause. If the judge, after the hearing agrees that cause exist then the charge is sent to the proper court for prosecution, either Superior Court for felonies ( The DA ) or State Court for misdemeanors (Solicitor). In a rape case the DA will review the evidence investigate further to confirm or refute the charge and then a decision is made as to prosecution. Certain felonies have to go to The Grand Jury for an indictment, that Grand Jury can decide against prosecution also, it’s known as a Return of No Bill. Unfortunately things get very political in Sexual abuse cases and more unfortunately probable cause is often based totally on a victims statement. Why ? Because elected officials will never allow themselves to be viewed as erring on the side of a predator, innocent or not. Another truly sad fact is that District Attorneys will often use a Grand Jury to No Bill a case that they ve known shouldn’t be prosecuted. Why ? Because if asked why someone wasn’t prosecuted they will tell us that the Grand Jury declined the charges. Another way to avoid the look of siding with a predator. It’s a legal malpractice but it takes place everyday in every metro county around here. Politicians want votes, they will do what they need to to get and retain it, including allowing you to go to jail. [/QUOTE]
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