man with 3 dwi arrests gets 50yr for murder

[rhaig 0]

sounds like just another DWI horror story...

Then we find out that he was an illegal immigrant from Honduras, had 3 DWI arrests, was deported after being arrested at a traffic stop for not showing up to court, quickly returned to the US, to resume his old habits.
http://www.kxan.com/dpp/news/crime/alvarado-testifies-in-dwi-murder-trial

this doesn't keep it from being a DWI horror story, it just makes it more contriversial. I was surprised that he was released on bond at the second DWI arrest (apparently the second & third happened before the court date for the first). Apparently judges don't (or can't?) take into account recent arrests that haven't gone to court yet.

--
Rob

[MrDree 0]

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Apparently judges don't (or can't?) take into account recent arrests that haven't gone to court yet.

Makes sense to me. Being arrested doesn't mean you did something wrong. You're innocent until proven guilty by due process of law.

"One day, your life will flash before your eyes. Make sure it's worth watching."

Dudeist Skydiver #101

[Hvance 0]

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Apparently judges don't (or can't?) take into account recent arrests that haven't gone to court yet.

Makes sense to me. Being arrested doesn't mean you did something wrong. You're innocent until proven guilty by due process of law.

True. The judge can keep record in mind when determining bail, but they won't (and shouldn't) presume guilt. It's part of the cost of having the legal system we do; the guilty do sometimes get to walk around prior to trial. But that's the only way to preserve the right for the innocent to do the same.

I wish Google Maps had an "Avoid Ghetto" routing option.

[Kennedy 0]

This is more proof that we need to give real teeth and penalties to the DWI laws, and we need to start taking "fleeing and eluding" type charges seriously. Simple solution: make any DWI after the first conviction a felony. Pass a state law that for any DWI arrest while another DWI is pending there will be no bond until appearing before a judge (not a magistrate or first level judge, but one that hears felonies and has jury trials). Then make fleeing from the cops in a car a high level felony with a fifteen year minimum. See how many want to try their luck running then. The ones that do deserve to be locked up for a decade or more.

Of course, it'll never happen because all the lawyers, judges, and legislators know that if they are ever arrested for anything it is likely to be DWI, so they want to leave themselves as much wiggle room as possible while foisting bullshit on the courts so they can look "tough on crime."

edit to add
(A) Notice nothing above says anything should be different for hispanics, legal or illegal than it is for everyone else.
(B)This reminds me of the incident where another guy (also illegal as it happens) killed a nun in Prince William County, VA.
Ah, here it is.

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[Andy9o8 0]

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Pass a state law that for any DWI arrest while another DWI is pending there will be no bond until appearing before a judge (not a magistrate or first level judge, but one that hears felonies and has jury trials).

Probably unconstitutional. Sorry.

[Kennedy 0]

Not really. Domestics have to do it in a bunch of places. In North Carolina domestic arrests are held until they see a superior court judge (second level as described above) or for 48 hours, which ever comes first. Some felonies have similar rules in a few jurisdictions.

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[Andy9o8 0]

Well, I thought you were talking about longer-term detention until trial, not 24-48 hours. Generally, under habeas corpus, a person charged with a non-capital crime is entitled to have bail set w/i 72 hours.

[Andy9o8 0]

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Apparently judges don't (or can't?) take into account recent arrests that haven't gone to court yet.

Short answer: for conviction purposes, they cannot; for sentencing purposes, it's a grey area, subject to various restrictions and guidelines; for bail-setting purposes, they can (and generally do).

[Kennedy 0]

Exactly. It's a comforting thought to keep criminals in jail before trial, right up until you put some thought into it and realize that it doesn't (and shouldn't) work that way.

Our system is great because it protects the rights of the accused. It's not a feel-good fact, and you don't generate votes for saying it, but them's the facts, Jack.

edit
Just remeber: we have the worst justice system in the world, except for all the others!

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[BillyVance 34]

50 years? He got off light, considering his history...

"Mediocre people don't like high achievers, and high achievers don't like mediocre people." - SIX TIME National Champion coach Nick Saban

[skygirl1 1]

How does an illegal immigrant get to stay in the country after his inital arrest? That should be automatic de-portation? ! and a 2nd DWI? Why was he not de-ported then? If I understand it correctly once an illegal immigrant is found out, that person is brought to a de-portation center and held there. Pretty much sounds like another topic in this forum about illegals having rights? And he should be de-ported back to where he came from and serve his time there since he is not a US citizen

" Mean people SUCK!"

[skygirl1 1]

That hits the point on another topic in this forum that I started"What the Hell" about domestic violence laws. A person ACCUSED of dv is automatically arrested, without a warrent issued, has to serve a minimum of 24 hours in jail before he/she goes before a judge. Just had to put that in there since I was basically burned at the stake and told I was completely wrong

" Mean people SUCK!"

[turtlespeed 212]

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That hits the point on another topic in this forum that I started"What the Hell" about domestic violence laws. A person ACCUSED of dv is automatically arrested, without a warrent issued, has to serve a minimum of 24 hours in jail before he/she goes before a judge. Just had to put that in there since I was basically burned at the stake and told I was completely wrong

I know this isn't the right thread - but have you come up with a case number yet?

I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama
BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun

[Andy9o8 0]

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That hits the point on another topic in this forum that I started"What the Hell" about domestic violence laws. A person ACCUSED of dv is automatically arrested, without a warrent issued, has to serve a minimum of 24 hours in jail before he/she goes before a judge. Just had to put that in there since I was basically burned at the stake and told I was completely wrong

You weren't burned at the stake; you had a 25+ year practicing attorney explaining in extensive detail exactly where, why and how you were wrong, to which you basically gave a rather idiotic brush-off. So now you come here and repeat the same shit. Well you know what? You're still wrong.

[rhaig 0]

as for serving time in their own country (honduras in this particular case) the scumbag didn't commit any crimes there, so once he gets off the plane, he's free to come back to the US through illegal border crossings (as did this scumbag).

Getting the guy deported isn't as simple as it sounds. I've made the calls to ICE to get someone in my extended family sent back to Mexico while he was in county lockup. They didn't seem to care. They sure as hell didn't show up to get him. When he finished serving his sentence ICE was supposed to pick him up at the jail, but didn't and so he was released.

so while this guy did get sent back to honduras after his 3rd arrest, he just came back to do it again and kill someone this time.

--
Rob

[Kennedy 0]

The way it works: local or state authorities arrest a suspect. If they think he is illegal they refer it to ICE, or if they have 287g at the jail they check themselves. If the suspect merits deportation, he gets a hearing date (most arrests don't merit deportation according to ICE). Most are bonded out on the local charges and released on own recognizance concerning the immigration hearing. At that point they are released. The state charges are handled completely separately from immigration issues. The state handles the criminal charges. The Feds (don't) handle the immigration. The most common path chosen by illegals is to handle the criminal charges and just avoid the immigration hearing. Or if they gave no ties to an area, they go get a new identity and avoid both the state charge and the federal hearing.

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[skygirl1 1]

wow, I did now know that this country really does not care about the illegal immigrant . Thank you for the info. With that process in our system, why does the US have all the debates, the laws, the marches, all the issues in Arizona? Quite a sad system

" Mean people SUCK!"

[rhaig 0]

the process/debates/laws/marches are all about votes.

that's about it.

--
Rob