Seems broken to me when obviously guilty people who already admitted to their crimes are wasting everyone's time with a trial. There doesn't *need* to be a trial for every crime, and there never used to be.
These guys are already on the record with public statements that are enough to prove that they did the things they are accused of doing. .
They admitted they had the phone and sold it but did they admit it was criminal?
They admitted they had the phone and sold it but did they admit it was criminal?
Being a criminal act still has to be proven.
Yes they took property they knew wasn't theirs. period. that is stealing. they knew who it belonged to, and that they didn't have his permission to take it, and then tried to hide the fact they ever had it. They don't have to admit it was criminal. The law states what constitutes a criminal act, and knowingly taking property that isn't yours is theft.
I would bet anything, they plead not-guilty because at their pre-trial hearing they have a deal to receive probation, and upon successful completion the charges will be dropped.
There is no way they would plead not guilty and go to trial over a petty crime they are sure to be convicted of. If they went to trial, they would get jail time. If they plead guilty probably just fines & community service etc. But, have a conviction on their record. If they receive pre-trial diversion, pretty much get away scott free if they don't get rearrested.
Yes they took property they knew wasn't theirs. period.
I didn't ask if they knew it was criminal. I asked, "They admitted they had the phone and sold it but did they admit it was criminal?:
Quote:
I would bet anything, they plead not-guilty because at their pre-trial hearing they have a deal to receive probation, and upon successful completion the charges will be dropped.
Probation is for people who plead or are found guilty.
They could make a deal though, say, plead guilty with only probation.
No he didn't. This is common misconception, mainly due to gizmondo "reporting" that he did (probably helped cook up the lie with the seller), which other outlets repeated. When the actual facts came to light, it was revealed that they never contacted Apple at all. Once he realized it was a prototype, he got a buddy to help try and sell it to several news site. A girl friend reported on them to Apple/Police because they used her computer and she was afraid it would trace back to her.
He says he tried to contact them, Apple says he didn't. He said Apple said, I guess, as there is no proof either way is there?
No one ever pleads guilty anymore. A sure sign of a broken legal system when there is no advantage in being honest anymore.
This is also a common technique used to delay while further negotiating with the prosecutors. He/they can change their plea at any time up to the time before a jury comes back usually although it seldom goes that far in this type deal. I suspect that they are working on a deal to try to get him probation -- I suspect a large portion will bee community service and possibly a donation in the amount of $5000.00 to a charity or to "help fight crime" some such thing. The prosecutor love to help pay local crime fighting agencies budgets with seizures of cash and goods, and fines.
Sounds like they two involved plead guilty to a misdemeanor (theft of lost property), pay Apple $250 and get to keep the rest of the $5k the received from Giz.
Comments
Seems broken to me when obviously guilty people who already admitted to their crimes are wasting everyone's time with a trial. There doesn't *need* to be a trial for every crime, and there never used to be.
These guys are already on the record with public statements that are enough to prove that they did the things they are accused of doing. .
They admitted they had the phone and sold it but did they admit it was criminal?
Being a criminal act still has to be proven.
They admitted they had the phone and sold it but did they admit it was criminal?
Being a criminal act still has to be proven.
Yes they took property they knew wasn't theirs. period. that is stealing. they knew who it belonged to, and that they didn't have his permission to take it, and then tried to hide the fact they ever had it. They don't have to admit it was criminal. The law states what constitutes a criminal act, and knowingly taking property that isn't yours is theft.
I would bet anything, they plead not-guilty because at their pre-trial hearing they have a deal to receive probation, and upon successful completion the charges will be dropped.
There is no way they would plead not guilty and go to trial over a petty crime they are sure to be convicted of. If they went to trial, they would get jail time. If they plead guilty probably just fines & community service etc. But, have a conviction on their record. If they receive pre-trial diversion, pretty much get away scott free if they don't get rearrested.
Yes they took property they knew wasn't theirs. period.
I didn't ask if they knew it was criminal. I asked, "They admitted they had the phone and sold it but did they admit it was criminal?:
I would bet anything, they plead not-guilty because at their pre-trial hearing they have a deal to receive probation, and upon successful completion the charges will be dropped.
Probation is for people who plead or are found guilty.
They could make a deal though, say, plead guilty with only probation.
No he didn't. This is common misconception, mainly due to gizmondo "reporting" that he did (probably helped cook up the lie with the seller), which other outlets repeated. When the actual facts came to light, it was revealed that they never contacted Apple at all. Once he realized it was a prototype, he got a buddy to help try and sell it to several news site. A girl friend reported on them to Apple/Police because they used her computer and she was afraid it would trace back to her.
He says he tried to contact them, Apple says he didn't. He said Apple said, I guess, as there is no proof either way is there?
No one ever pleads guilty anymore. A sure sign of a broken legal system when there is no advantage in being honest anymore.
This is also a common technique used to delay while further negotiating with the prosecutors. He/they can change their plea at any time up to the time before a jury comes back usually although it seldom goes that far in this type deal. I suspect that they are working on a deal to try to get him probation -- I suspect a large portion will bee community service and possibly a donation in the amount of $5000.00 to a charity or to "help fight crime" some such thing. The prosecutor love to help pay local crime fighting agencies budgets with seizures of cash and goods, and fines.
http://www.engadget.com/2011/10/12/t...an-anticlimac/