-
Welcome, Guest! We hope you enjoy the excellent technical knowledge, event information and discussions that the BMW MOA forum provides. Some forum content will be hidden from you if you remain logged out. If you want to view all content, please click the 'Log in' button above and enter your BMW MOA username and password. If you are not an MOA member, why not take the time to join the club, so you can enjoy posting on the forum, the BMW Owners News magazine, and all of the discounts and benefits the BMW MOA offers?
-
Beginning April 1st, and running through April 30th, there is a new 2024 BMW MOA Election discussion area within The Club section of the forum. Within this forum area is also a sticky post that provides the ground rules for participating in the Election forum area. Also, the candidates statements are provided. Please read before joining the conversation, because the rules are very specific to maintain civility.
The Election forum is here: Election Forum
Don't let this happen to the memory of Mr. Christ
- Thread starter stevehebert
- Start date
B
bowhunter
Guest
ttt
5
535IS
Guest
Check my post, above, for how you can automatically track it.
There has been no court activity of record since then.
There has been no court activity of record since then.
5
535IS
Guest
Bump for new information:
Defendant's motion to suppress/exclude evidence was denied January 22.
Notice of hearing filed yesterday.
Unless I misunderstand, the plea hearing will be used if the prosecution and the defense strike a deal; otherwise, they both know when the jury trial (set for two days) will begin.
Defendant's motion to suppress/exclude evidence was denied January 22.
Notice of hearing filed yesterday.
Unless I misunderstand, the plea hearing will be used if the prosecution and the defense strike a deal; otherwise, they both know when the jury trial (set for two days) will begin.
B
bowhunter
Guest
She's pleaded No Contest.
Sanders
Single Malt Imbiber
O.K. So she's not going to trial and has thrown herself in front of the court and the sentencing of the judge.
If I understand "no contest" correctly she neither admits, nor deny's guilt?
(I've never really understood the "Nolo Contendre" plea--I mean WTH! Somebody did it!)
Is this a ploy for leniency before the judge?
Sanders
P.S. I can't seem to find the sentencing date. Is it in there?
If I understand "no contest" correctly she neither admits, nor deny's guilt?
(I've never really understood the "Nolo Contendre" plea--I mean WTH! Somebody did it!)
Is this a ploy for leniency before the judge?
Sanders
P.S. I can't seem to find the sentencing date. Is it in there?
5
535IS
Guest
Kind of hard to explain. It is not a Guilty plea, which means it may not be used in a civil damage suit as evidence of her culpability. That means it has to be proven there (but should be a no-brainer anyway). It also means that the defense recognizes that there is sufficient evidence to convict and chooses not to argue it.
More like a plea for leniency to the D.A. by saving them the time and trouble of preparing and trying the case. In doing that, they can often get a better sentencing recommendation.
A presentence investigation has been ordered. After it is done, a sentencing date will be set.
Bud
It is what it is.
O.K. So she's not going to trial and has thrown herself in front of the court and the sentencing of the judge.
If I understand "no contest" correctly she neither admits, nor deny's guilt?
(I've never really understood the "Nolo Contendre" plea--I mean WTH! Somebody did it!)
Is this a ploy for leniency before the judge?
Sanders
P.S. I can't seem to find the sentencing date. Is it in there?
Yes, she is hoping for a better deal.
She isn't saying she didn't do it. She is saying there is enough evidence to convict if it went to trial.
Her best be for a lighter sentence.
a few points...
Just a few points that may help with an understanding of the criminal legal system. First, usually an individual has a choice of a plea of guilty or not guilty (NOT, as the media often reports "innocent"!) After a guilty plea either inititally or any time prior to the completion of a trial, the defendant may change their plea to guilty. Depending upon the jurisdiction, there may be a plea under a plea agreement, generally within some time limit but some states allow this type of plea up to and sometimes during a trial. As a condition of the plea agreement, if the Court (judge) does not accept the agreement and proposes a greater sentence, the defendant may withdraw the plea and have a trial. The prosecutor and defense attorney make recommendations which may include calling witnesses, if the Court allows this procedure. Obviously, if there is no agreement, the Court may sentence to whatever they deem to be equitable, withing the statutes of that jurisdiction, after recommendations by the participating lawyers. Similarly, there would be no plea agreement after a finding of guilty, after a court or jury trial.
Also, much politicking goes into the fine, admin (or court) costs business. A fine often goes to the state and may be a statutary minimum. Court or administrative fees usually stay locally.
Finally, a minority of states allow the "no contest" plea which does not do much different than a guilty plea and is entered as such on a record. It is usually obvious to reviewers of these records what actually happened. Former military members will recall the similarity to the article 15 or captain's mast proceedings. Hope this might clear up some common misconceptions.
Just a few points that may help with an understanding of the criminal legal system. First, usually an individual has a choice of a plea of guilty or not guilty (NOT, as the media often reports "innocent"!) After a guilty plea either inititally or any time prior to the completion of a trial, the defendant may change their plea to guilty. Depending upon the jurisdiction, there may be a plea under a plea agreement, generally within some time limit but some states allow this type of plea up to and sometimes during a trial. As a condition of the plea agreement, if the Court (judge) does not accept the agreement and proposes a greater sentence, the defendant may withdraw the plea and have a trial. The prosecutor and defense attorney make recommendations which may include calling witnesses, if the Court allows this procedure. Obviously, if there is no agreement, the Court may sentence to whatever they deem to be equitable, withing the statutes of that jurisdiction, after recommendations by the participating lawyers. Similarly, there would be no plea agreement after a finding of guilty, after a court or jury trial.
Also, much politicking goes into the fine, admin (or court) costs business. A fine often goes to the state and may be a statutary minimum. Court or administrative fees usually stay locally.
Finally, a minority of states allow the "no contest" plea which does not do much different than a guilty plea and is entered as such on a record. It is usually obvious to reviewers of these records what actually happened. Former military members will recall the similarity to the article 15 or captain's mast proceedings. Hope this might clear up some common misconceptions.
G
gened12
Guest
What's a life worth?
flabbergasted by the insignificance of the fine in this sad affair. In Quebec, if one is caught with DUI, it is an automatic jail sentence with loss of driving privileges for a year or more. In cases of DUI with death, it is considered homicide and carries a MUCH longer jail sentence with permanent loss of driving privileges.
The thinking behind it is to reduce DUI (which works) but also makes one realize that they are sharing the road with everybody else and that DUI can easily transform a vehicle into a 2-4 ton weapon.
Just my two cents, since as one of you said, no matter what, nothing will change what happened.
Very sad indeed.
Ride safe
Denis R1200RT
flabbergasted by the insignificance of the fine in this sad affair. In Quebec, if one is caught with DUI, it is an automatic jail sentence with loss of driving privileges for a year or more. In cases of DUI with death, it is considered homicide and carries a MUCH longer jail sentence with permanent loss of driving privileges.
The thinking behind it is to reduce DUI (which works) but also makes one realize that they are sharing the road with everybody else and that DUI can easily transform a vehicle into a 2-4 ton weapon.
Just my two cents, since as one of you said, no matter what, nothing will change what happened.
Very sad indeed.
Ride safe
Denis R1200RT
goldeisen
New member
plea is in
Wisconsin - Darcy L. Schehr, 28, had originally pleaded not guilty in the death of 40-year-old Daniel D. Christ. But this week in Dodge County Circuit Court, she pleaded no contest to charges of homicide by intoxicated use of a motor vehicle and was found guilty.
In exchange, a second charge of homicide by intoxicated use of a motor vehicle with a prohibited alcohol concentration was dismissed.
According to the criminal complaint, a deputy found Christ lying in a roadside ditch without a pulse on the morning of July 15. Witnesses told investigators that Schehr's vehicle crossed the highway's centerline and struck Christ head-on.
Schehr had said she was driving home and fell asleep behind the wheel.
Prosecutors say her blood-alcohol level was 1 1/2 times the legal limit.
She faces up to 25 years in prison and a $100,000 fine.
Source: AP
Wisconsin - Darcy L. Schehr, 28, had originally pleaded not guilty in the death of 40-year-old Daniel D. Christ. But this week in Dodge County Circuit Court, she pleaded no contest to charges of homicide by intoxicated use of a motor vehicle and was found guilty.
In exchange, a second charge of homicide by intoxicated use of a motor vehicle with a prohibited alcohol concentration was dismissed.
According to the criminal complaint, a deputy found Christ lying in a roadside ditch without a pulse on the morning of July 15. Witnesses told investigators that Schehr's vehicle crossed the highway's centerline and struck Christ head-on.
Schehr had said she was driving home and fell asleep behind the wheel.
Prosecutors say her blood-alcohol level was 1 1/2 times the legal limit.
She faces up to 25 years in prison and a $100,000 fine.
Source: AP
5
535IS
Guest
What fine? There has not been a fine levied. The money that has been paid into the court was a bail bond so she could remain free pending trial or conviction and it is simply intended to guarantee her appearances. Apparently, that has worked as intended and she seems to have missed no appearance dates. She faces up to $25,000 as a fine for the felony of which she will be convicted. Not to mention the jail time.
J
JCABRANES
Guest
Ladies and Gentlemen,
Before we digress into issues related to bail which we hashed and rehashed last summer, lets keep our eyes on the ball. The sentencing date has not been set and I suspect based on past practice they will set a quick date once they receive the Pre-Sentence Report to try to minimize our involvement. Most counties usually have a month of lagtime between plea and sentencing so expect a sentencing date sometime later this month or early March. Let's get as many people to the sentencing as we can. I'll keep you informed.
Jack Cabranes
Before we digress into issues related to bail which we hashed and rehashed last summer, lets keep our eyes on the ball. The sentencing date has not been set and I suspect based on past practice they will set a quick date once they receive the Pre-Sentence Report to try to minimize our involvement. Most counties usually have a month of lagtime between plea and sentencing so expect a sentencing date sometime later this month or early March. Let's get as many people to the sentencing as we can. I'll keep you informed.
Jack Cabranes
J
JCABRANES
Guest
Waiting for a sentencing date.
G
gened12
Guest
Sorry for the post
My post was based on the initial tread, not the updated information. This is now more consistent with the gravity of the situation and the consequences of DUI.
I still maintain that this is a very sad affair regardless of fines or jail time. Nothing can undo such a tragedy alas.
My post was based on the initial tread, not the updated information. This is now more consistent with the gravity of the situation and the consequences of DUI.
I still maintain that this is a very sad affair regardless of fines or jail time. Nothing can undo such a tragedy alas.
OU812
New member
Any updates?
5
535IS
Guest
Nothing new in the court record for two months now.
5
535IS
Guest
Docket entry #36
04-16-2008
Pre-sentence investigation filed
04-16-2008
Pre-sentence investigation filed
LTLJOHN
ltljohn
What does that mean?
