Friday, January 6, 2012
Should his sentence be thrown out due to a technicality?
Its a matter of the intent of the order and the understanding of the parties involved..if the error was clerical then the order in possession was invalid,not the original correct order sought,so the police had to wait for the correct order before arresting him,but he was guilty of violating the order that was in effect,so long as the intent of the order was for the premises he had entered. Since he was aware of the restraining order that he wasnt supposed to be there,and he knew where it applied to,he guilty of knowingly violating the order regardless of the clerical error.He got off easy, but since he was dumb enough to violate a restraining order, he'll mes up again before the probation runs out and end up in prison probably.
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