Vince wrote:Leisher wrote:Vince wrote:
Actually, you don't have to Google news articles. There are tons of sites where you can search arrest records. Employers use them all the time depending on the job environment.
Now if you have the money and attorney and a judge that isn't being a dick I think you can get that expunged from your record as well, but that seems like a suck thing to do to a guy that was just protecting his wife.
What you're describing is what my dad's business does, background checks. I'm familiar with the process and what's out there.
And end of the day, they HAD to make an arrest. The cops on scene can't sit there and weigh the pros and cons about whose future could be affected and blah blah blah. That's up to the courts.
That is simply not true.
It simply is true.
There are often cases where it looks like a justifiable homicide and as long as the shooter isn't a flight risk they aren't arrested.
Please cite some examples because I can't find any. Remember the guy in Texas who shot the repo man and got off? He was arrested. Remember George Zimmerman? He was arrested.
If the cops come and you beat a man to death with a tire iron, you're going to be arrested.
The cops aren't a court of law. They gather evidence, make an arrest based on what law they believe was violated, and then present the details to the DA. The DA then decides how to proceed.
Or at least not processed into the system.
If you get taken somewhere, you get put into the system.
They might be held without charges (no record) until the DA can make a call on whether or not to officially bring charges at that time or to further the investigation before making the determination.
If you're being held, you've been arrested and that's on your arrest record. Whether or not the court charges you is a whole other record.
Back to the case at hand, the police made an arrest based on the legal definition of manslaughter:
Police initially recommended Mamadou Diallo be charged with manslaughter.
Technically, that's correct. He did kill a man, but it wasn't premeditated. And if I'm being completely unbiased and honest, he did commit manslaughter. End of the day, he wasn't acting in self defense. He was acting out of pure anger and rage. Although, he was acting in the defense of someone else.
Would I have done the same? Yes. Do I think he should have faced manslaughter charges? Emotionally? No. Logically? Yes. How is what he did not being a vigilante, which is illegal? Truth be told, he committed manslaughter, but all charges were dropped because of the crime being committed that he stopped. The DA doesn't need that sort of bad press. Had Mamadou beaten a man to death with a tire iron for trying to steal his car, he'd be convicted for manslaughter easy peasy.
That's why...
But according to a charging document provided by the Bronx District Attorney's office, he was arraigned Tuesday on two counts of assault, criminal possession of a weapon and harassment.
Like I said, the DA doesn't need that headache. Not in cities like New York where DAs get voted into office. Who's voting for the DA would believes rapists should be protected? Nobody.
Now, how the arrest record and charges work...and I called my dad to confirm...
All are public record until expunged
even if charges are dropped or he's found not guilty. So if you're ever in court or arrested, keep that in mind. You need to file to get them expunged later.
Now, for background checks they do NOT look at arrest records. So maybe you were arrested for murder, but not convicted, a potential employer might never learn of that arrest. Background checks for employment are about convictions. (There might be, and probably are, rare exceptions.)
Background checks for security checks, like for the military, are far more intense and would include arrest records, financial records, etc.