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  1. #1
    MikeG's Avatar
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    Yet another Trayvon Martin question....grand jury

    The special prosecutor said the other day that they would not be bringing the case to a grand jury.

    The analysis then said it would be a direct complaint.

    I thought a direct complaint instead of a grand jury indictment would be used only if the delay of a grand jury would cause harm to the public (i.e. the guy had to be let out until Grand Jury indicted him).

    Is that not true? Can a Florida prosecutor fore go a grand jury even though substantial time has passed and create a direct complain without getting indictment from GJ?
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  2. #2
    Citicop's Avatar
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    I know they can do so in Missouri.

    I don't know anything about Florida law, but I presume that the Special Prosecutor does.
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  3. #3
    cntryboy0531's Avatar
    cntryboy0531 is offline You can't 30DF that.... cntryboy0531 has a reputation beyond repute cntryboy0531 has a reputation beyond repute cntryboy0531 has a reputation beyond repute cntryboy0531 has a reputation beyond repute cntryboy0531 has a reputation beyond repute cntryboy0531 has a reputation beyond repute cntryboy0531 has a reputation beyond repute cntryboy0531 has a reputation beyond repute cntryboy0531 has a reputation beyond repute cntryboy0531 has a reputation beyond repute cntryboy0531 has a reputation beyond repute
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    Only time a GJ has to sat is for a 1st Degree Murder case. Everything else the State can file on, even after substantial time has elapsed.
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  4. #4
    MikeG's Avatar
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    Quote Originally Posted by Citicop View Post
    I know they can do so in Missouri.

    I don't know anything about Florida law, but I presume that the Special Prosecutor does.
    I didn't hear anything about the special prosecutor discussing whether they could/would make a direct complaint. It was the news people speculating. I wanted to know if she was telegraphing that no charges were coming by saying no grand jury or if it's common practice/possible in Florida to forego Grand Juries.

  5. #5
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    In Oregon, someone can be charged for a felony by either grand jury or the prosecutor can have a judge do it through a preliminary hearing. We haven't done PM's in years though because it gives the defense just another opportunity to question witnesses where they don't in a GJ.
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    Quote Originally Posted by Cat_Doc View Post
    You just gotta realize he is hard of hearing and cranky, and try to speak up more clearly next time and make it perfectly clear what you were saying so there is no misinterpretation. You gotta try not to get mad at the old guy, recognizing the issue at hand.

  6. #6
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    Quote Originally Posted by MikeG View Post
    if it's common practice/possible in Florida to forego Grand Juries.
    Quote Originally Posted by cntryboy0531 View Post
    Only time a GJ has to sat is for a 1st Degree Murder case. Everything else the State can file on, even after substantial time has elapsed.
    Yep, I've never heard of a Grand Jury being sat for anything other than a 1st Degree Murder case.
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  7. #7
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    Quote Originally Posted by marinepilot View Post
    Yep, I've never heard of a Grand Jury being sat for anything other than a 1st Degree Murder case.
    We do it on all felonies and have for the past 30 years or so. It's a good OT maker!
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    Quote Originally Posted by Cat_Doc View Post
    You just gotta realize he is hard of hearing and cranky, and try to speak up more clearly next time and make it perfectly clear what you were saying so there is no misinterpretation. You gotta try not to get mad at the old guy, recognizing the issue at hand.

  8. #8
    marinepilot's Avatar
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    Quote Originally Posted by retdetsgt View Post
    We do it on all felonies and have for the past 30 years or so. It's a good OT maker!
    Nice!! OT doesn't do much for me because we only receive comp time and not $$ for it, so I am kinda glad there are more times I don't have to go to court!!
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  9. #9
    1depd is offline Veteran Member 1depd has a reputation beyond repute 1depd has a reputation beyond repute 1depd has a reputation beyond repute 1depd has a reputation beyond repute 1depd has a reputation beyond repute 1depd has a reputation beyond repute 1depd has a reputation beyond repute 1depd has a reputation beyond repute 1depd has a reputation beyond repute 1depd has a reputation beyond repute 1depd has a reputation beyond repute
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    Well that's a surprise (NOT), Zimmerman is being charged. I saw this coming when the special prosecutor said she wouldn't be using a grand jury.
    Last edited by 1depd; 04-11-12 at 07:35 PM.
    But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new guards for their future security.

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  10. #10
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    Quote Originally Posted by 1depd View Post
    Well that's a surprise, Zimmerman is being charged.....NOT. I saw this coming when the special prosecutor said she wouldn't be using a grand jury.
    Where did you hear that he isn't being charged?

    He is being charged for 2nd degree murder.
    Zimmerman charged with second-degree murder in Trayvon Martin shooting | The Lookout - Yahoo! News
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  11. #11
    Cat_Doc's Avatar
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    Quote Originally Posted by pafindr View Post
    Where did you hear that he isn't being charged?

    He is being charged for 2nd degree murder.
    Zimmerman charged with second-degree murder in Trayvon Martin shooting | The Lookout - Yahoo! News
    This may be the best way for this to roll out. At least now evidence will be evaluated outside of the media. Zimmerman, in my humble opinion, would be best served requesting the trier of fact as a judge as opposed to a jury.
    Last edited by Cat_Doc; 04-11-12 at 09:05 PM. Reason: Spelling error
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  12. #12
    1depd is offline Veteran Member 1depd has a reputation beyond repute 1depd has a reputation beyond repute 1depd has a reputation beyond repute 1depd has a reputation beyond repute 1depd has a reputation beyond repute 1depd has a reputation beyond repute 1depd has a reputation beyond repute 1depd has a reputation beyond repute 1depd has a reputation beyond repute 1depd has a reputation beyond repute 1depd has a reputation beyond repute
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    Quote Originally Posted by pafindr View Post
    Where did you hear that he isn't being charged?

    He is being charged for 2nd degree murder.
    Zimmerman charged with second-degree murder in Trayvon Martin shooting | The Lookout - Yahoo! News
    Ya, after I clicked post, I reread it. It did not read like I had intended, so I went back and edited it. It was very obvious he was going to be charged. If not local, it was going to be federal.


    Catdoc--I agree it is better to have all of the fact evaluated in court and not by the media, who often can't get simple facts correct or write a decent report without any spin.
    Last edited by 1depd; 04-11-12 at 08:50 PM.
    But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new guards for their future security.

    Translation for the intellectually challenged: If the government screws the people too much, it is the right and duty of the people to revolt and form a new government.

    Who is John Galt?

  13. #13
    ET109 is offline Veteran Member ET109 has a reputation beyond repute ET109 has a reputation beyond repute ET109 has a reputation beyond repute ET109 has a reputation beyond repute ET109 has a reputation beyond repute ET109 has a reputation beyond repute ET109 has a reputation beyond repute ET109 has a reputation beyond repute ET109 has a reputation beyond repute ET109 has a reputation beyond repute ET109 has a reputation beyond repute
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    I sense that there are going to be a lot of motions. First, the lawyer issue. I mentioned on another thread that the first lawyer that was speaking for him (apparently) had no idea what he was talking about with regards to the 'stand your ground' law, and it turns out I was right... probably because the guy never met with Zimmerman and is a DUI lawyer. Now both of them quit, and it seems that Sean Hannity has a better idea of where Zimmerman is than they do.

    There should be a serious question brought up of whether he can even receive a fair trail. I guess a bench trial is best, but I think its ridiculous that he probably can't find an unbiased jury. Can't blame the state, though, I think the police and prosecution generally acted responsibly and weren't trying to try this in the media.

  14. #14
    retdetsgt's Avatar
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    Quote Originally Posted by ET109 View Post
    There should be a serious question brought up of whether he can even receive a fair trail. I guess a bench trial is best, but I think its ridiculous that he probably can't find an unbiased jury. Can't blame the state, though, I think the police and prosecution generally acted responsibly and weren't trying to try this in the media.
    Holder is going to make his own media circus out of it though.

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    Quote Originally Posted by Cat_Doc View Post
    You just gotta realize he is hard of hearing and cranky, and try to speak up more clearly next time and make it perfectly clear what you were saying so there is no misinterpretation. You gotta try not to get mad at the old guy, recognizing the issue at hand.

  15. #15
    Norm357's Avatar
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    Zimmerman is screwed no matter what. He should just eat his gun now.

    Also, I really wish someone would bring charges against Eric Holder for not bringing charges up against the black panthers for kidnap for hire and attempt to have a person killed. I hate that racist prick.
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