Nashua trial- Kurt

[research101]

This Thursday at 1:00pm.

[FTL_Ian]

Anyone carpooling out for this?

[Sam A. Robrin]

Please count me in if you are.

[FTL_Ian]

Crap - sorry I didn't make it.  I'll definitely be in Keene District Court with you tomorrow!   

[Coconut]

wow.

No further jail time or fines for Kurt on this issue. Great news.

Will try and be there tommorow

[J’raxis 270145]

Prosecutor recommended 90 days suspended for the assault charge, plus two $200 fines for the disobeying and resisting. Judge knew Kurt had been in jail for 14 days, so he instead gave him a $700 fine (plus 60 days suspended), which just so happens to mean “time served.”

[Coconut]

Suspended for how long?

[FTL_Ian]

So if he's found guilty tomorrow does that activate the suspended sentences?   

[Coconut]

So if he's found guilty tomorrow does that activate the suspended sentences?   

Hmm. I think a sound argument could be made that it shouldn't, since he committed the Roxbury "crimes" before the Nashua ones. I'd have to see the terms of the suspension. Jeremy can probably answer.

[J’raxis 270145]

So if he's found guilty tomorrow does that activate the suspended sentences?   

Hmm. I think a sound argument could be made that it shouldn't, since he committed the Roxbury "crimes" before the Nashua ones. I'd have to see the terms of the suspension. Jeremy can probably answer.

The judge was pretty vague about the suspended sentence—normally they explain what “good behavior” means, but this judge didn’t. Even in their screwed up system, I can’t see how they could consider a prior act to invoke the suspended sentence, since what he’s been sentences to is being on “good behavior” for the next year.

[Sam A. Robrin]

I can’t see how they could

And the Mullah Nasrudin spoke unto J'raxis, saying, "Where does a five-hundred-pound gorilla sleep?"

[Lithium.45]

So if he's found guilty tomorrow does that activate the suspended sentences?   

Hmm. I think a sound argument could be made that it shouldn't, since he committed the Roxbury "crimes" before the Nashua ones. I'd have to see the terms of the suspension. Jeremy can probably answer.

The judge was pretty vague about the suspended sentence—normally they explain what “good behavior” means, but this judge didn’t. Even in their screwed up system, I can’t see how they could consider a prior act to invoke the suspended sentence, since what he’s been sentences to is being on “good behavior” for the next year.

A prior incident will not violate his good behavior. He just has to refrain from being arrested for any NEW charges after this point.

[J’raxis 270145]

Now I’m wondering if contempt of court counts against a suspended sentence…

[Lithium.45]

Now I’m wondering if contempt of court counts against a suspended sentence…

Now that, I have no clue about. guess it could go either way...

[assawyer]

Now I’m wondering if contempt of court counts against a suspended sentence…

I doubt it, but it depends on how the sentencing order was written.  Most say "All these suspensions are conditioned on the Defendant's good behavior (defined as committing no felonies, misdemeanors, or major motor vehicle violations as defined by the motor vehicle code)" or something similarly.  Additionally, they might contain a phrase such as, "A further condition is the Defendant's compliance with the rules of this and any other New Hampshire court."  So in essence, committing direct criminal contempt would not constitute a violation of "good behavior" as such conduct isn't a criminal offense. (Its a magical power of the Court to punish "naughty" guys and girls.  If the second phrase, about complying with court orders & rules is there, then Kurt could be punished for his direct criminal contempt in Keene District Court by Nashua.  Since Kurt violated Nashua's order which gave Kurt a conditional sentence, provided said phrase is in the sentence order.