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<blockquote data-quote="Celebrim" data-source="post: 7333588" data-attributes="member: 4937"><p>I'm aware of that. That's not the issue.</p><p></p><p></p><p></p><p>The bad guy was definitely trespassing on private property and had done the whole breaking and entering, robbery, vandalism thing. (Things would have gone MUCH smoother had they just turned this guy over the local authorities in the first place, instead of transporting him around and not getting the police involved from the start). There is going to be an interesting discussion as to whether the PC's where also breaking and entering, but the PC's if they aren't stupid (again) have several rock solid defenses if they just say anything plausible about their relationship to the property and a verbal agreement with the owner.</p><p></p><p></p><p></p><p>As long as the PC's aren't stupid, they should be able to easily show that they were acting lawfully and the person they shot was not.</p><p></p><p></p><p></p><p>And as I said, none of those charges in the circumstances hold the slightest water. You are going to charge people with attempted murder after saving a man's life? If they really intended to murder him, why didn't they leave him to die? Why did they administer legal aid? And again, the doctor in question is licensed to practice medicine in the state. And I looked up the definition of kidnapping in the State this occurred, and that charge isn't going to hold water either. The police may arraign the suspects on charges like that just to have an excuse to hold them, but one of the PC's is also a highly respected lawyer, and I doubt those charges will even get to a Grand Jury. </p><p></p><p></p><p></p><p>They were absolutely in the right leading up to the fight. They had a right to be on the property and their assailant did not. They had no duty to retreat at that point because they had already been assailed and had reason to believe that they had no where to go, and had every reason to believe that they were in imminent danger of their lives. A colleague had been smashed to the ground by a blow to the head and at the time they weren't sure the blow hadn't been fatal. They are going to be able to present all sorts of circumstantial evidence that their account of events is a truthful one, and they lucked out and didn't leave a lot of evidence for the police to find that might contradict their statements.</p><p></p><p>It's just everything that they did during the fight and after it that has created the problem and made them highly suspicious individuals.</p><p></p><p>And I'm not yet getting into the further problems they are likely to have if they don't start covering their tracks and giving at least the appearance of flying straight. I know what is going to happen if they don't cover up well. And yes, once the police find solid evidence of other crimes, or if the police can catch them in some sort of deception, or if the police catch them covering their tracks, then all those charges of attempted murder, kidnapping, and so forth come back on the table. </p><p></p><p>The idea situation for me is that the police have reason to suspect the PC's of stuff, but have no real means of bringing charges on anything serious that is going to stick. So instead the police go after them for a slew of lesser more procedural crimes, I can breeze over the trial, and the likely result is a bunch of minor penalties that the party can deal with that aren't as unfun as lengthy incarceration (which is basically PC death). I'm trying to figure if such crimes exist. In particular, the reason they are in big trouble anyway is mostly they didn't get the police involved as soon as all of this happened, making them seem like the really suspicious characters they actually are rather than the upstanding citizens that they would have appeared to be. So, are there crimes that they can be charged with related to not reporting the crime?</p><p></p><p>Meantime, it seems likely this campaign will end with them all in the jail if they don't mend their ways.</p></blockquote><p></p>
[QUOTE="Celebrim, post: 7333588, member: 4937"] I'm aware of that. That's not the issue. The bad guy was definitely trespassing on private property and had done the whole breaking and entering, robbery, vandalism thing. (Things would have gone MUCH smoother had they just turned this guy over the local authorities in the first place, instead of transporting him around and not getting the police involved from the start). There is going to be an interesting discussion as to whether the PC's where also breaking and entering, but the PC's if they aren't stupid (again) have several rock solid defenses if they just say anything plausible about their relationship to the property and a verbal agreement with the owner. As long as the PC's aren't stupid, they should be able to easily show that they were acting lawfully and the person they shot was not. And as I said, none of those charges in the circumstances hold the slightest water. You are going to charge people with attempted murder after saving a man's life? If they really intended to murder him, why didn't they leave him to die? Why did they administer legal aid? And again, the doctor in question is licensed to practice medicine in the state. And I looked up the definition of kidnapping in the State this occurred, and that charge isn't going to hold water either. The police may arraign the suspects on charges like that just to have an excuse to hold them, but one of the PC's is also a highly respected lawyer, and I doubt those charges will even get to a Grand Jury. They were absolutely in the right leading up to the fight. They had a right to be on the property and their assailant did not. They had no duty to retreat at that point because they had already been assailed and had reason to believe that they had no where to go, and had every reason to believe that they were in imminent danger of their lives. A colleague had been smashed to the ground by a blow to the head and at the time they weren't sure the blow hadn't been fatal. They are going to be able to present all sorts of circumstantial evidence that their account of events is a truthful one, and they lucked out and didn't leave a lot of evidence for the police to find that might contradict their statements. It's just everything that they did during the fight and after it that has created the problem and made them highly suspicious individuals. And I'm not yet getting into the further problems they are likely to have if they don't start covering their tracks and giving at least the appearance of flying straight. I know what is going to happen if they don't cover up well. And yes, once the police find solid evidence of other crimes, or if the police can catch them in some sort of deception, or if the police catch them covering their tracks, then all those charges of attempted murder, kidnapping, and so forth come back on the table. The idea situation for me is that the police have reason to suspect the PC's of stuff, but have no real means of bringing charges on anything serious that is going to stick. So instead the police go after them for a slew of lesser more procedural crimes, I can breeze over the trial, and the likely result is a bunch of minor penalties that the party can deal with that aren't as unfun as lengthy incarceration (which is basically PC death). I'm trying to figure if such crimes exist. In particular, the reason they are in big trouble anyway is mostly they didn't get the police involved as soon as all of this happened, making them seem like the really suspicious characters they actually are rather than the upstanding citizens that they would have appeared to be. So, are there crimes that they can be charged with related to not reporting the crime? Meantime, it seems likely this campaign will end with them all in the jail if they don't mend their ways. [/QUOTE]
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