My son is accused of a felony

[RainCaster]

He's been waiting for two years for his case to come to court. Because he has this accusation hanging over his head, he can't leave the state, vote or own a firearm.

Why isn't TSF held to that same standard?

[Emile]

1. I like to know how Airman 1st Class Jack Teixeira

an Air National Guardsman ARRESTED LAST YEAR for bringing home top secret documents was sentenced 16 years.

[AZSkiffyGeek]

3. Because he pled guilty?

[Emile]

4. Did he? Was it because when he was arrested they

actually put him behind bars until his trial?

[TwilightZone]

6. Yes, he agreed to plead guilty as part of a plea deal.

https://abcnews.go.com/US/pentagon-leak-suspect-jack-teixeira-agrees-accept-16/story?id=107772933

Hence, no trial. If there's no trial, things can proceed relatively quickly.

[Emile]

7. Especially when you are broke. In this country

you are innocent until proven broke.

Put Trump behind bars until his trial would speed things up

[FHRRK]

33. Is he or tRump a greater threat to Democracy?

Simple yes or no?

[TwilightZone]

43. That has nothing to do with why he was jailed.

https://democraticunderground.com/?com=view_post&forum=1002&pid=18783267

[onenote]

22. He was held behind bars because he was considered a serious flight risk

and because when he was arrested, they found next to his bed, a stockpile of weapons, among them handguns, shotguns, bolt-action rifles, an AK-style rifle with high-capacity magazine, a gas mask.

[Emile]

24. You would think then Trump would be put in jail too.

Having his own jet to fly away from justice and an army of armed magats in his control.

[onenote]

27. You might think that. But Jack Smith doesn't.

And Trump is not a serious flight risk.Unlike Texeira, Trump surrendered voluntarily. And he's fucking running for president and there is no indication that he has any intention of fleeing before trial. He's convinced, undoubtedly, that he'll win, either at trial, or on appeal.

[Emile]

30. Jack Smith or Garland? If I were to take a guess

it would be Garland.

[onenote]

31. You would be wrong.

Despite what some here think, Garland is hands off on how the special prosecutor pursues this case. The government agreed to Trump being released on his own recognizance when he was arraigned -- a decision that surprised absolutely no one who is familiar with the statutory provisions governing bail.

[Emile]

32. You are wrong. Smith reports to Garland.

[onenote]

36. Are you familiar with 28 CFR Part 600.7(b )?

"The Special Counsel shall not be subject to the day-to-day supervision of any official of the Department. However, the Attorney General may request that the Special Counsel provide an explanation for any investigative or prosecutorial step, and may after review conclude that the action is so inappropriate or unwarranted under established Departmental practices that it should not be pursued. In conducting that review, the Attorney General will give great weight to the views of the Special Counsel. If the Attorney General concludes that a proposed action by a Special Counsel should not be pursued, the Attorney General shall notify Congress as specified in § 600.9(a)(3).

The decision to release Trump on his own recognizance was made by a Magistrate Judge, which is who is empowered to make such decisions. Applying the standards of the Bail Reform Act, there is no way Trump was going to be jailed pending trial. None. Nada. Zero. And that is why there was no objection from Smith, not because Garland stepped in and told him not to object.

[ChazInAz]

25. TSF is much the same.

He has a small army of loons ready to swing into action whenever he demands it.

[FHRRK]

34. Is he or tRump a greater threat to Democracy?

Simple yes or no

[onenote]

35. Trump is. But that's not the standard for bail.

[FHRRK]

37. did not ask about standard for bail

But since you brought it up.

The OPs son seems not to have the means to cover bail.

I personnaly could cover a bail most couldn't Not tRump BS level, but could cover more than others. Why should I be able to walk free why other with less $'s be put behind bars for the EXACT same crime.

Why does a million in assets supercede wether my ass sits in jail, (leverage) compared to some fuck that has no assets.

And I want you to really ponder this! Why does a person collecting $1,000,000 get different treatment than a person who has $1 in his pocket? Same crime why different treatment.

And be careful, because any REPUKE has an answer that is acceptable from a REPUKE. I see no valid response from a Dem.

[onenote]

40. The OP says she paid her son's bail.

But, for what its worth, nothing that I wrote was advocating for our current cash bail system. The Bail Reform Act was a first step towards making sure that more people are released pending trial, but the next step, one being taken in some steps, is to eliminate cash bail completely.

[Irish_Dem]

2. Because Trump is rich, well connected and powerful.

We can clearly see the two tiered American justice system in full force.

[AllaN01Bear]

13. the just us court and the rich mans court.

[Irish_Dem]

28. In the first court you hang, the second one you play golf.

[byronius]

15. So true. And so wrong.

[Irish_Dem]

29. Trump has shown us exactly how corrupt and unfair our court system is in reality.

[TwilightZone]

5. If your son hasn't been convicted of a felony...

I'm not aware of anything that's stopping him from being able to vote.

A few states don't allow people in prison to vote, but it doesn't sound as though that's the case here, either.

https://www.ncsl.org/elections-and-campaigns/felon-voting-rights

https://www.aclu.org/issues/voting-rights/felony-disenfranchisement-laws-map

Edit:

It also appears to be no longer constitutional (according to a ruling by a Trump judge) to prohibit accused (but not convicted) felons from owning firearms.

https://www.texastribune.org/2022/09/19/second-amendment-texas-case-buy-guns-felony-indictment/

[republianmushroom]

8. Because we have a two tier justice system.

[iluvtennis]

9. Yep, one system for rich/powerful, one system for all others. n/t

[AverageOldGuy]

10. Don't get me started

My son was convicted of a minor felony 8 years ago, got probation. His probation officer had a habit: When time came for her to go on vacation, she would charge several of her people with probation violation, put them in jail for 3 months so she didn't have to check on them, the other POs checked on her other people. He spent 3 months in jail.

After that episode and now with Trump, it's clear to me that our "legal system" or "judicial system" or "justice system" is none of the above. The system is like damn near everything else in this country: Money. If you have it, you are untouchable. If you don't, well, shit flows downhill

It's like that Travis Tritt song, "Lord Have Mercy on the Working Man".

". . . Why's the rich man busy dancing
While the poor man pays the band . . . "

[KS Toronado]

11. Because $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

[SoFlaBro]

12. About 75% of the criminal justice system is bloated shit. It is a jobs program for the employees of the system.

[catbyte]

14. Has your son tried to vote? Merely being accused of a felony shouldn't prevent you from voting.

You have to be convicted. But as for the firearms, prohibiting possession of firearms and/or ammunition is pretty standard for felony charges with or without a PR bond, no matter how minor the felony. If you son is prevented from voting, I'd consult a civil rights attorney because being accused of a felony is not the same as being convicted of one.

[aggiesal]

16. Why can't he vote? He's still a citizen. n/t

[niyad]

17. Did your son have to post a bond that prohibts him from leaving

the state?

[RainCaster]

39. I paid his bail, but I have no idea about any agreements

Once lousy felony and he can't leave the state. But TSF is all over the damn country in his private jet, and that asshole has been charged with many felonies, some that involve national security.

[SleeplessinSoCal]

18. The legacy of TSF is an overly litigious response to everything

We may all be accused of a felony soon.

[barbtries]

19. no shit.

it's unconscionable. we are supposed to be a nation of laws and not men, but republicans hate that. I'm so sorry y'all are going through that. AND, if he's not convicted, he should be able to vote!!! what is up with that.

[onenote]

20. Hard to assess without knowing the state and the nature of the felony.

In my state of Virginia, being charged with a felony doesn't impact your right to vote -- only a conviction does. I think that is the is the case in most states.

Also, depending on the nature of the felony charge and the accused's past history, restrictions on ownership or possession of firearms and limitations on travel outside the state are not uncommon conditions of bail in most states.

[Ms. Toad]

21. If your son is only accused, and not yet convicted, he is eligible to vote.

And at least a federal law prohibiting individuals from owning guns was declared unconstitutional in 2022. I have not checked individual state laws - but sinde this is a constitutional issue I expect it would be similarly unconstitutiona.

[Cheezoholic]

23. Whats even worse is if you are eventually found innocent the fact you were arrested stays on your record n/t

[Xolodno]

41. In some states you can get that sealed for a segment of time.

After that, it gets destroyed. But it will cost you a couple of grand with a lawyer.

[Demsrule86]

26. After my Father died, my brother (banker) gave my Mom refinancing on her mortgage which

he shouldn't have done. He spent two years in prison He was told by the FBI 'Plead guilty or we arrest your 70 year old sick Mom'. He broke the law and was held accountable...he was able to make a decent life for himself and his boys because his family stuck by him. And Trump who has done much worse things...keeps gaming the system. I want heads to roll in New York's Southern District for what they did to Hillary and how they are helping Trump. Trump needs to face prison for his crimes.

[PufPuf23]

38. Your son needs a reality show on MSM.

Just like Trump and all the other criminal weirdos and the professional talking heads that like to entertain us all; and maybe slip in something of value on occasion but to certainly keep people of all stripes riled. Faux is most obvious.

Don't understand the smart folks at DU who obviously know about the law and may be actually attorneys.

Hope your son has a fortunate outcome.

[Polybius]

42. What was the felony?