Been Caught Stealing? Who is this Guy?
- Thread starter Fast Lenny
- Start date
You guys do realize, it ain't his fault,,,,, right? He was abused as a kid, taunted by all the people at the pool rooms. Watched all kinds of movies with stealing, and played lots of video games, like Grand Theft Auto. So, he really had no control over his actions. Just my opinion, but I think he needs some help.
What's a pool forum?
Yup, with all the thread hijacking that goes on, that's definitely an apropos observation!
-Sean
You don't know that, for sure. In fact, it appears you are dead wrong. If the value of the stolen property was more than $650:
NRS 205.0835 Penalties.
1. Unless a greater penalty is imposed by a specific statute and unless the provisions of NRS 205.08345 apply under the circumstances, a person who commits theft in violation of any provision of NRS 205.0821 to 205.0835, inclusive, shall be punished pursuant to the provisions of this section.
2. If the value of the property or services involved in the theft is less than $650, the person who committed the theft is guilty of a misdemeanor.
3. If the value of the property or services involved in the theft is $650 or more but less than $3,500, the person who committed the theft is guilty of a category C felony and shall be punished as provided in NRS 193.130.
4. If the value of the property or services involved in the theft is $3,500 or more, the person who committed the theft is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.
5. In addition to any other penalty, the court shall order the person who committed the theft to pay restitution.
(Added to NRS by 1989, 1205; A 1995, 1216; 1997, 340; 2007, 683; 2011, 162)
And, the penalties:
NRS 193.130 Categories and punishment of felonies.
1. Except when a person is convicted of a category A felony, and except as otherwise provided by specific statute, a person convicted of a felony shall be sentenced to a minimum term and a maximum term of imprisonment which must be within the limits prescribed by the applicable statute, unless the statute in force at the time of commission of the felony prescribed a different penalty. The minimum term of imprisonment that may be imposed must not exceed 40 percent of the maximum term imposed.
2. Except as otherwise provided by specific statute, for each felony committed on or after July 1, 1995:
(a) A category A felony is a felony for which a sentence of death or imprisonment in the state prison for life with or without the possibility of parole may be imposed, as provided by specific statute.
(b) A category B felony is a felony for which the minimum term of imprisonment in the state prison that may be imposed is not less than 1 year and the maximum term of imprisonment that may be imposed is not more than 20 years, as provided by specific statute.
(c) A category C felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years. In addition to any other penalty, the court may impose a fine of not more than $10,000, unless a greater fine is authorized or required by statute.
(d) A category D felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater fine is authorized or required by statute.
(e) A category E felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years. Except as otherwise provided in paragraph (b) of subsection 1 of NRS 176A.100, upon sentencing a person who is found guilty of a category E felony, the court shall suspend the execution of the sentence and grant probation to the person upon such conditions as the court deems appropriate. Such conditions of probation may include, but are not limited to, requiring the person to serve a term of confinement of not more than 1 year in the county jail. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater penalty is authorized or required by statute.
[1911 C&P § 18; RL § 6283; NCL § 9967]—(NRS A 1967, 458; 1995, 1167; 1997, 1177; 1999, 1186)
If it turns out to be a Cat C theft, then he will do a minimum of 1 year in state prison.
Eric
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A pool forum is where you have members with weird pool-related names....
...like,uh, UGOTDA7
Eric...Not going to argue law with you, but I'm with CCC here. Derek will not serve jail time for this...UNLESS he has prior felony convictions. Not that he shouldn't...but my bet is he won't.
Scott Lee
http://poolknowledge.com
Scott Lee
http://poolknowledge.com
Bet me.....I know a decent amount about the law. Am I'm still telling you he wont serve that. I have seen guys get the book thrown at them for a class c arson charge and walk out of .....county jail........not state prison in less than two months. This kid will not serve jail time away from home. I don't think the value of the cues is more than 650 unless the owner exagerates the numbers and goes off of msrp. I know you think the law is iron clad but this guy seems to have no priors and a judge would rather get all the cash outta him possible and then send him home.
. Our jails are too packed as it is without housing every first time (caught) pick pocket. We need the space for the real bad guys. This kid will take a plea from the county da for a misdemeanor with fines and probation. The da isn't going to spend tax dollars to take this to court and risk a technicality loss when a slam dunk plee is there to bump the da's conviction record.
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I'm no expert on the law and surely am not a legal expert on NV law...but neither are you. Just cuz you *want* to be a cop, someday and follow cop matters, doesn't make you an expert here. That's all I'm saying; don't be so cock sure when you are still playing in the minor leagues.
In the end, he might get off with no jail time. Maybe Mike/Omega will cut him a break i.e. say the value of the merchandise is less than $650. But, then again, there is the possibility.....
Eric
I can say this. I had to observe "X" amount of hours of court for a college class and I was surprised at the amount of people who committed felonies that didn't receive any "actual" jail time. There were a lot of suspended sentences and probation and the like. I left wondering what you have to do to actually get sent to prison.
But that's in Missouri, I have no clue how it works in other states.
But that's in Missouri, I have no clue how it works in other states.
To my knowledge you have NO knowledge on these matters. I have been there first hand and seen these things with my own two eyes. I am around this kind of thing and have friends and family ranging from cops all the way up to federal magistrates. Don't get all butthurt and act like a school girl because you used google and tried to prove me wrong based on a statute you found. I did not attack you personally don't attack me. I just stated what I know and have seen thru experience. No cop is an expert on legal matters but you pick up alot being around it. I love how you said "*want*". I'm not sure what that was about but take the attitude down a notch. I don't know nv law but most states are very close on these laws. The one thing you got right......if the da does not offer a plea(unlikely) and it goes to court anything can happen. Judges are fickle and can be forgiving or can be harsh.....this kid better hope the judge got some the night before.:smile:
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OK. So, because you disputed my post with a 20-something year old, cocky, wanna be cop attitude, where I merely posted the actual NV statute, I'm the one that is a butthurt schoolgirl? ok, lol.
The best part is you (the one who's ego got butthurt) are posting all kinds of weak credentials upto and including other ppl's credentials that have nothing to do with the fact that *you* are not a judge/cop/lawyer. You basically validated what I was saying that *neither you nor I* am an expert in this matter.
I'll tell ya what IS laughable...you offering your "expert" interpretations on NV law.
Eric
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Nothing I offered was anything more than an opinion. I am not offended or butthurt. I am not a judge or a lawyer. And it is true I am not a P.O.S.T. certified officer yet. But I am far from a wannabe. I am not an expert, and I brought up the friends and family because I talk to them often about a vast range of the legal system and le job related matters. I just stated an opinion based off of my personal experiences seeing with my own eyes some of these type of proceedings. But I tell you what. Lets just wait and see if I am not 100% correct on the outcome of this matter.
P.s. Considering you chimed in on this thread and spent time searching for that statute I believe your entire purpose of post was to instigate and start a fight. I will no longer take any part of a conversation with you on this matter as I believe your just stirring the pot and are not interested in actual exchange of knowledge concerning this matter or law in general.
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Look, Johnny, all i did was offer some actual fact. No more, no less.
There have been several arm chair quarterbacks, throwing in their "bet me" legal interpretations and opinions.
Sorry if you feel like your expertness is being challenged.
Eric
Nope. No fights from this guy. I keep to myself fairly well in the real world. You gotta really do something to get me going. But I have a weakness on here. Its one I don't intend on letting get the best of me. I just want to wait and see what happens to the guy. I think based off of his wifes facebook she maybe leaving him so I feel kind of sorry for the guy. One small dumb move may lose him his wife, friends, lots of money, and a very slim chance of having to go to jail for a short period of time. I know of guys who killed someone who didn't get that kind of fallout. The kid has got enough troubles already and every pool player on here is going to pile on.
And eric one thing about the broken us legal system....there are no facts. Nothing ever goes the same way twice. All the "factual" laws on the books don't mean crap when judges wont uphold them and follow the guidelines to a t. How can you kill another human being in cold blood and be out in less than five years. It happens all the time. Its sad but true.
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