That’s not why he’s a PP. He has a burglary conviction from 2013 which was most likely expunged, Which does not restore gun rights. But, The politically motivated DA will never have him prosecuted.
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17-year-old arrested in killing of 2 people in Kenosha
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Wouldn't that be grounds to get a judge tossed from a case? If they keep increasing bail every time the accused raises the funds that demonstrates prejudice.
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I think true expungement restores rights, since it creates the legal fiction that the conviction never occurred. The is different from a MA FLRB relief the feds refuse to recognize, because the state is say "the offense occurred and we are restoring one right, not a plural, which according to the feds may not be civil in nature" and the law requires a restoration of "civil rights", not just one non-civil right.
Simple answer: no.
n1oty
NES Member
I found the record where he was CHARGED with burglary, a felony, but I found no evidence thus far that he was CONVICTED of that, or any other, felony. If you have a link to something that would shine more light on this, we'd all like to see it. I'm still empty handed in my research though.
Yes, Judge Mary K. Wagner set a very high bail on 8/27/2020, but I have not seen any evidence that Judge Wagner increased the bail amount, much less increased it in response to fundraising on Kyle's behalf?
OTOH, if true it wouldn't be the first time this was done by Judge Wagner with a high-profile case in Kenosha. In that other case, Kenosha County District Attorney Michael Graveley pushed Judge Wagner to increase bail due to crowdfunding on behalf of the defendant.
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IANAL but I believe only a governors pardon would restore his civil rights not just an expungement.
I’ve been looking. I don’t think we’ll find it because of the expungement. Basically, he wouldn’t get something expunged if he wasn’t guilty and convicted. IANAL and hopefully we find out soon and if it’s 100% confirmed he’s a felon he better be charged for it. He came within half a second of shooting Kyle and is on record saying he wanted to empty his mag into him.
Well, he can't just show up, no, but he offered to help. He contacted Pierce with an offer to help and never heard back, and he knows of several others in the same boat. In the livestream he did say that he would do it without pay, if that was the way it needed to be, because he does care about the kid. He even listed the reasons why he personally identified with him, though I'm not sure if it's in that cut. The reason Barnes was criticizing Lin Wood publicly is that multiple people were asking him about the case and about how it was being handled, and he had these concerns and criticisms. Barnes said that the people who were asking him said that he wasn't doing Rittenhouse any favors by keeping quiet. Apparently someone here would beg to differ on that, but that's an opinion. I think from Barnes' point of view, help was offered and was, by way of non-response, refused.
I thought about this, and it does present a problem relative to the way bail is theoretically supposed to go: you charge bail (and collect a bond) so that the defendant has some skin in the game, and so that it hurts if he fails to show up for trial. Crowdfunding removes a lot of that rationale.
I think the kid should be RoR, personally, but then I'm constantly disappointed by the court system. Kyle Rittenhouse is being treated in accordance with my usual expectations.
headednorth
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this is interesting
Not sure if serious, if it was actually legally expunged (and this is a big IF) in normal states, it DOES restore gun rights. MA does not have "expungement" per se which is why we keep repeating
this f***ery about rights not being restorable.
lol most states aren't as f***ed as MA is, and a ton of them have an expungement process.
Without seeing the whole docket though who knows what happened to "alpo chunks" in the courts.
And as I mentioned before, even if he is a convicted felon, the feds frequently don't bother prosecuting captain obvious FIP cases, especially when they can't introduce other
charges simultaneously.
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Judges can consider that the financial incentive to not jump bail is different if a donated fund is wiped out vs. having your family evicted from their home and their retirement accounts zeroed out. One of the factors that reportedly factored in to Zimmerman's $1M bail was speaking in code to his wife giving the court the impression he was not being forthright about the assets he had (something the court will also consider in setting bail).
I’m serious. And through the wonderful portals of Google I found that a persons Gun Rights in Wisconsin are only restored through a Governor’s Pardon. I’m obviously not a lawyer, just a neck down government licensed electrician.
AHM
NES Member
(As if the Feds wouldn't jump on it if you or I were in legal peril, sigh).
Maybe it's an MLM ((Multi-level Mayhem)) scheme.
I cast my vote for "punch back twice as hard".
Do exceptions to the Petite policy have something to do with the Equal Protection clause?
Puts one in the mind of the Hajj.
About that putative expungement: Wisconsin is hardass on the topic -
It's only available to a limited age range for a certain subset of crimes,
and if you don't ask for it during sentencing,
you can't pull a motion out of an orifice years later:
...
Under § 973.015 and current Wisconsin case law interpreting the statute, first-time (one-time) offenders under the age of 25 who have been convicted of a criminal charge carrying imprisonment of 6 years or less must request expunction at the time of sentencing. Wis. Stat. § 973.015(1m)(a)1. ...
Even a real-estate agent is required to present all valid offers to their client.
I wonder if a criminal defense attorney
is required to present all valid offers of supplemental legal help to their client?
Is it "crowdfunding" if one is bailed out by one's parents?
Three's a crowd, not two.
Seriously, parents co-sign car loans for their spawn all the time. This would probably be similar. The point is, there'd be some specific entity (the parents) for the court to go after financially if Kyle didn't show. A bunch of posters on a website? Nah.
AHM
NES Member
How could crowdsourced bail be anything but a bunch of Intarweb pledges
EFTed into some kind of (trust?) account, and then transferred to the court
before the accused is sprung?
Dosen't the 8th amendment protect from bail being set to unreasonable amount?. I know there is some fundraising but that doesn't mean they shoukd be able to set a 10 million dollar bond.
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amm5061
NES Member
Yes, it does. The problem lies in the term "excessive." That's a very undefined term and allows them a lot of leeway.
To me, this is absolutely excessive, but no one there cares what I think.
CatSnoutSoup
NES Member
Lefty is now being propped up and presented as a hero, although most of the people responding aren't buying it...
Appears to be an understatement. Looks like page after page of unrelenting mockery.
EJFudd
NES Member
Poor Lefty. ![[crying]](/xen/styles/default/xenforo/smilies.vb/006.gif "Crying [crying]")
He'll just have to get better so he can try to murder some other kid. ![[thinking]](/xen/styles/default/xenforo/smilies.vb/010.gif "Thinking [thinking]")
That will cheer him up.
He'll just have to get better so he can try to murder some other kid. That will cheer him up.
KBCraig
NES Member
"Excessive" means impossible to meet. Since Wisconsin doesn't allow bond, only full cash bail, Rittenhouse would have to post the $2,000,000 in cash.
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There is no "going after" posters who have given cash bail to the court. It is not needed.
There is only "going after" if the person posting bail had granted a lien on property; signed an agreement to be liable for $x if the defendant does not appear; or had a bonding company post the $$ for a fee (in which case the company, and not the court, goes after the person).
As far as the court getting the money on a skip, nothing is easier than bail posted in full as certified funds (cash equivalent).
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One other thing - When crowd funding posts cash bail, what happens when the $$ gets refunded? Does defense counsel build up dept that needs to be paid off? The general practice in criminal defense is CIA - Cash In Advance.
Lefty is now being propped up and presented as a hero, although most of the people responding aren't buying it...
How's the arm there fruitcake ?
Hope he gets back out there and tries for the double.
n1oty
NES Member
Lefty is now being propped up and presented as a hero, although most of the people responding aren't buying it...
I love the "2nd place in the Kenosha quick draw competition" quote. Pure gold!!
Holyshit those twitter comments are pure gold. I don't twit, but I have to be honest, i'm surprised at the comments. I figured it'd be a moonbat support fest.
CatSnoutSoup
NES Member
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