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Thank You New York Democrats!

posted 4 years ago by kspkap (13031)
20 replies | jump to latest

“New York's new bail reform law will tell criminals that there are no 'repercussions after committing crime'”

“Cuomo estimates the new law will keep about 90% of defendants out of jail at least until their case gets resolved.”

According to the District Attorneys Association of the State of New York, those accused of following charges won't get held on bail:

• Assault in the third degree
• Aggravated vehicular assault
• Aggravated assault upon a person less than eleven years old
• Criminally negligent homicide
• Aggravated vehicular homicide
• Manslaughter in the second degree
• Unlawful imprisonment in the first degree
• Coercion in the first degree
• Arson in the third and fourth degree
• Grand larceny in the first degree
• Criminal possession of a weapon on school grounds or criminal possession of a firearm
• Criminal possession of a controlled substance in the first and second degree
• Criminal sale of a controlled substance in the first and second degree
• Criminal sale of a controlled substance in or near school grounds
• Specified felony drug offenses involving the use of children, including the use of a child to commit a controlled substance offense and criminal sale of a controlled substance to a child
• Criminal solicitation in the first degree and criminal facilitation in the first degree
• Money laundering in support of terrorism in the third and fourth degree
• Making a terroristic threat
• Patronizing a person for prostitution in a school zone
• Promoting an obscene sexual performance by a child
• Possessing an obscene sexual performance by a child
• Promoting a sexual performance by a child
• Failure to register as a sex offender
• Obstructing governmental administration in the first and second degree
• Obstructing governmental administration by means of a self-defense spray device
• Bribery in the first degree
• Bribe giving for public office
• Bribe receiving in the first degree
• Promoting prison contraband in the first and second degree
• Resisting arrest
• Hindering prosecution
• Tampering with a juror and tampering with physical evidence
• Aggravated harassment in the first degree
• Directing a laser at an aircraft in the first degree
• Criminal possession of a weapon in the fourth degree
• Criminal sale of a firearm to a minor
• Enterprise corruption and money laundering in the first degree
• Aggravated cruelty to animals, overdriving, torturing and injuring animals
• Failure to provide proper sustenance
• Animal fighting

[–] Thaisticks (2556) 4 years ago

It's about time!
Can you please give attribution to that first quote?. They will of course have to face their day in court and if found guilty will definitely face more repercussions.

[–] kspkap (13031) 4 years ago

Correct me if I’m in error...it seems you are for this new no bail law.

https://meaww.com/new-york-criminal-justice-reform-law-backlash-bail-pretrial-detention-misdemeanor-felony-rikers

If they show up for their court date.

[–] [deleted] 4 years ago

From The New York Times:

"Under the new law, judges will no longer be able to set bail for a long list of misdemeanors and nonviolent felonies , including stalking, assault without serious injury, burglary, many drug offenses, and even some kinds of arson and robbery.

Bail is a method to ensure people return to court that requires defendants to post cash or a bond, which they forfeit if they fail to show up for proceedings. Since the 1970s, New York judges have been able to consider only the risk of flight in setting bail, not public safety . The amount can range from a few hundred dollars to millions.

Opponents of cash bail have long argued that it criminalizes poverty, tilting the justice system in favor of wealthy defendants. In New York, the inequities of the system were crystallized when a Bronx teenager named Kalief Browder spent three years on Rikers Island because his family could not raise $3,000, only to have charges dropped in 2013 for lack of evidence. He later took his own life."

[–] [deleted] 4 years ago

[deleted]

[–] kspkap (13031) 4 years ago

More info:

“ “Under the new bail laws…Judges in New York State cannot set bail on any of the following crimes (and most attempts to commit these crimes), and must release the defendant on non-monetary conditions, regardless of criminal record, ties to the community or previous bench warrants on other cases,” Quinn wrote.

The list stretched on for four pages, and included offenses such as stalking, arson, resisting arrest, money laundering in support of terrorism, rioting, vehicular assault, unlawful imprisonment, negligent homicide, and a slew of drug-related charges.

Criminal offenses against children, including child abuse, promoting child prostitution, facilitating female genital mutilation, and possessing or promoting a sexual performance by a child will also be treated with a mandatory release.

Obstructing governmental duties by means of a bomb, killing a police K9 or horse, and obstructing emergency medical services personnel were also included on the no-jail list.”

Money talks, but in court all people should be equal. A wealthy person should have to suffer the same consequences as an indigent. But, this moronic law went too far in order to right a wrong.

The disastrous effect of the law has begun:

“Man who shot RPD officer, now facing drug charges, released from custody without bail
by WHAMThursday, January 2nd 2020”

https://13wham.com/news/local/man-who-shot-rpd-officer-released-without-bail-amid-current-drug-case

“Suspect accused of attacking Jewish women released without bail” The very next day she attacked again!

https://nypost.com/2019/12/28/suspect-accused-of-attacking-jewish-women-released-without-bail/

[–] kspkap (13031) 4 years ago

“including stalking, assault without serious injury, burglary, many drug offenses, and even some kinds of arson and robbery.”

IMO these aren’t minor. If someone knocks me down resulting in no serious injury, I want the sob charged with assault and jailed. What do they deem serious injury? Arson is arson. What is “some kinds of arson”?

Florida didn’t take serious stalking complaints from a college student...until he murdered her. Now a stalker can be charged with aggravated Stalking which is a third degree felony.

If a drunk driver kills your family s/he won’t get held on bail due to “Aggravated vehicular homicide” being part of the no bail required to be released.

Ain’t life grand...while you still have it in the state of New York!

[–] [deleted] 4 years ago

IMO these aren’t minor. If someone knocks me down resulting in no serious injury, I want the sob charged with assault and jailed. What do they deem serious injury? Arson is arson. What is “some kinds of arson”?

It looks like you didn't read your own original post, otherwise you wouldn't be asking 'what is some kinds of arson', or claiming 'arson is arson'. (Hint: there are four degrees of arson, and in some communities - including mine - burning my leaves in my own yard without an expensive permit from the city is considered illegal, and they will charge me with fourth degree arson).

"If someone knocks me down resulting in no serious injury, I want the sob charged with assault and jailed. "

Say you're walking along the sidewalk, and you see a loose dog run by you. Behind you, the owner is chasing it with a leash. From behind, the owner runs into you and knocks you down and you scrape your knee. You want him to be charged with assault and jailed ? Really?

Also keep in mind, the Judge doesn't have to set bail on anything you listed above. The alternative is to send the culprit directly to jail, and bail request is denied. (Your unidentified source forgot to mention that, I guess.)

[–] kspkap (13031) 4 years ago

Sorry, I’ve been at this since yesterday. I erred in not researching the different degrees of arson. Come on, now! About knocking me down. Did I have to spell out assault?

“Also keep in mind, the Judge doesn't have to set bail on anything you listed above. The alternative is to send the culprit directly to jail, and bail request is denied.”

I don’t mean to be snarky, but don’t you understand the new bail law? The judge is not permitted to set bail on the above crimes. The judge as of yesterday has to release the perp. Bail/Bond is no longer bail crimes for the list above.

Again: According to the District Attorneys Association of the State of New York, those accused of following charges *won't* get held on bail:

[–] [deleted] 4 years ago

Come on, now! About knocking me down. Did I have to spell out assault?

What I described to you is easily classified as 'assault': someone making unwanted physical contact with you resulting in an type of injury (accidental or not). There are too many eager lawyers who would take this case if you presented it to them, and too many judges who would gladly impose bail on someone for this.

This, along with the arson example I proved above, are what it seems lawmakers are going after (and if I had the time I could probably give more extreme examples which are listed above).

However, your source list you posted in the OP didn't dig deep into this like I just did. Quite frankly, nor did you or the others who posted on this message thread. What has happened is the source rang the "alarm bell" and all those who are easily alarmed goose-stepped behind it. It's the exact response they wanted! (Too bad they didn't explain third degree and fourth degree arson to their readers; it would quiet the alarm they're ringing.).

[–] kspkap (13031) 4 years ago

In addition to my prior reply,

“Unlike almost all other states, judges in New York are not permitted to detain people due to concerns that they will pose a danger to the community if released.”

“A new bail law goes into effect on January 1 in New York. It will eliminate pretrial detention and cash bail as an option in an estimated 90 percent of arrests.”

“For most misdemeanors and nonviolent felonies, cash bail is no longer permitted. Judges must release individuals charged with those crimes with no cash bail, either on their own recognizance or with release conditions designed to ensure that the individual returns to court, such as pretrial supervision and text message reminders for court dates.”

Yeah, right! Get released, finish the job...then skip town!

[–] [deleted] 4 years ago

You may want to check out what 'misdemeanors' and 'non-violent felonies' are before you tell people to 'get released and finish the job'.

For example, if you write a check to your electric company for $300 and it bounces (you thought you had enough money in your account to cover this, but your math was off), your utility company has every right to have you arrested and press charges against you for a misdemeanor. If it was $500.01 and above, your looking at a non-violent felony. They usually press charges against someone if this is the second time in a certain time frame (one year, two years, or three), because "they can".

If this happened to you, do you want to be summoned to court and post bail to stay out of jail? If you are released, does that mean you'll write more bounced checks to other creditors (cable, telephone, gas companies) and 'get out of town' ?

BTW, when you go into a store and see the signs all over the place which says 'shoplifters will be prosecuted to the full extent of the law', that means someone who shoplifts a $50 pair of shoes at TJMaxx is looking at a jail sentence and posting bail - non-violent misdemeanor. (I'm not condoning shoplifting - using this as an example).

Think before you post.

[–] kspkap (13031) 4 years ago

You seem to be knowledgeable about the different degrees of misdemeanors and felonies. I for one am always open to being corrected when presented with the facts. BTW, insults such as “goose stepping” are not needed in conversations.

Unless I’m overlooking it, I don’t see “non-violent misdemeanor” in the list. What I do see is “Aggravated vehicular homicide” which is a Class B Felony.

“A variety of crimes fall into the class B felony category in New York state. These include aggravated vehicular homicide, attempted second degree murder (which suggests premeditated intent, as opposed to first degree murder, which is considered an unpremeditated crime), sex trafficking, second degree arson and second degree kidnapping. In addition, class B felonies include the following crimes that are committed in the first degree: assault, bribery, burglary, gang assault, insurance fraud, money laundering, possession of a weapon, possession of stolen property, promotion of prostitution, rape and robbery.”

“A person is guilty of aggravated vehicular homicide when he or she
engages in reckless driving as defined by section twelve hundred twelve
of the vehicle and traffic law, and commits the crime of vehicular
manslaughter in the second degree as defined in section 125.12 of this
article, and either:
(1) commits such crimes while operating a motor vehicle while such
person has .18 of one per centum or more by weight of alcohol in such
person's blood as shown by chemical analysis of such person's blood,
breath, urine or saliva made pursuant to the provisions of section
eleven hundred ninety-four of the vehicle and traffic law;”

Promoting a sexual performance by a child is a felony; a Class D felony

Aggravated cruelty to animals, overdriving, torturing and injuring animals is a felony

Manslaughter in the second degree is a Class C felony:

1. He recklessly causes the death of another person; or

(reached limit of text)

[–] NormaAndNorman (3900) 4 years ago

• Aggravated assault upon a person less than eleven years old
• Criminal possession of a weapon on school grounds or criminal possession of a firearm
• Criminal sale of a controlled substance in or near school grounds
• Specified felony drug offenses involving the use of children, including the use of a child to commit a controlled substance offense and criminal sale of a controlled substance to a child
• Promoting an obscene sexual performance by a child
• Possessing an obscene sexual performance by a child
• Promoting a sexual performance by a child
• Failure to register as a sex offender

How nice from the party who cares so much about "the children." 😏 Silly me, they only care about non-American children.

• Criminal sale of a firearm to a minor

This from the party of "gun control." 🙄

• Aggravated cruelty to animals, overdriving, torturing and injuring animals
• Animal fighting

Anyone who hurts an animal should get life! 😡😡😡😡

[–] kspkap (13031) 4 years ago

Every time I read this list...I shake my head in bewilderment. The moronic Democrats in Albany, NY have literally lost common sense. The thing is Cuomo & de Blasio who are the architects, along with the bunch in Albany won’t suffer the consequences. Most have security where the common man, woman, child, lowly animal doesn’t.

[–] NormaAndNorman (3900) 4 years ago

Exactly, kspkap!

[–] Gd5150 (11016) 4 years ago

Not just Albany. Their insanity is from sea to shining sea.

[–] elcamino (15540) 4 years ago

I'm all for bringing out into the public dog and cock fights.

[–] [deleted] 4 years ago

NYC will soon see a drastic escalation of crime and murder.

[–] NormaAndNorman (3900) 4 years ago

Soon cops won't be needed.

[–] [deleted] 4 years ago

When the murderers kill each other and everyone else... yeah, no police necessary. No one left to police. Or we just skip straight to the national guard.