View Full Version : Can criminal charges be brought against end users?
dangerous1
June 16th, 2003, 02:14 PM
Was wondering if criminal charges can be brought agains all those end users and whether or not there is a statute of limitations to do so. Also, if an end user loses their fight is there a guilty finding and if so would that be a misdemeanor or fellony?
Just wondering and thanks for your opinions
beregid
June 16th, 2003, 02:25 PM
just civil charges. they can sue you
REDx
June 16th, 2003, 03:31 PM
Originally posted by dangerous1
Was wondering if criminal charges can be brought agains all those end users and whether or not there is a statute of limitations to do so. Also, if an end user loses their fight is there a guilty finding and if so would that be a misdemeanor or fellony?
Just wondering and thanks for your opinions
what is funny is that the courts have been
finding that its not a civil actionable offense
to buy/own pirate equipment. it is however a
violation of federal law. it is a felony.
the problem the feds would face is proveing the
equipment is really pirate equipment. they would
have to prove it beyond a shadow of doubt.
mouse01
June 16th, 2003, 09:49 PM
Originally posted by REDx
what is funny is that the courts have been
finding that its not a civil actionable offense
to buy/own pirate equipment. it is however a
violation of federal law. it is a felony.
the problem the feds would face is proveing the
equipment is really pirate equipment. they would
have to prove it beyond a shadow of doubt.
ok lets run with that. would you stand up there and ask for a dismissal because you should be tried by the feds instead? i think i would take my chances with dave.
REDx
June 16th, 2003, 09:54 PM
on pretrial motions judges have been dissmissing
the equipment cause of action.
witchunter
June 16th, 2003, 11:19 PM
REDx could you make your last statment a little more clear
RiseStar
June 16th, 2003, 11:36 PM
Yes, people can be charged criminally
Thats one of the largest problems with people giving up and settling is that it is an admission of guilt and it can possibly open them up to criminal charges later.
Bohanjian
June 17th, 2003, 12:01 AM
Rise is absolutely correct, negotiate to strike this from the settlement. On the other hand, the burden of proof becomes overwhelming for the prosecution now. Beyond a shawdow of doubt, they would have to storm in to your house and find altered cards in your IRD or have sworn testimony that you are doing something that is very spank-able. Don't think people have too much to worry on this end---it can be used as a threat or bargaining chip by dave, but he hasn't much even on the civil front. Anyway, it will be local law enforcement, the district attorney and the feds crawling up your butt in a criminal suit anyways. Don't think this is likely unless you're a dealer. Just my opinion though, but is it possible---yes---is it likely ?---NO
tracker2
June 17th, 2003, 01:52 AM
reasonable doubt, shadow of a doubt is death penalty cases, and I don't think this applies, yet.
Star184
June 17th, 2003, 02:08 AM
Originally posted by tracker2
reasonable doubt, shadow of a doubt is death penalty cases, and I don't think this applies, yet.
I don't know where you got your info from...but in the US and every other free country I am aware of...every criminal case must prove beyond reasonable doubt that the defendant is guilty of the charge. This requirement IS NOT reserved for death penalty cases only but, ALL criminal proceedings.
mouse01
June 17th, 2003, 07:36 AM
does your settlement also say something about posting on forums? i would imagine it does and in which case you broke the agreement and they can now reopen the case and go for more money again.
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