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Bad Guys -Quit Running to Mexico


CHILLIN

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Another bad guy, and his mommie, caught in Puerto Vallarta, on the run for less than a month. Many Mexicans are seriously on to this, a $5,000 U.S. reward is a lot of money, and an incentive for a full time search, for many amateur bounty hunters.

http://news.yahoo.com/prosecutors-office-affluenza-teen-detained-mexico-060015694.html#

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Ha, I guess you gotta' thank the movie industry, you know, all those movies where the bad guys escape by crossing the border into Mexico. I suppose those who believe that actually works are more the fool; and those who take advantage of the bounty should thank the industry for spreading a myth....it seems to be lucrative.

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He can get 120 days in jail and then his 10-year probation is back in effect, or, he can be ordered to a juvenile facility until he is 19 and then his probation is back in effect when he is out. If he violates the probation, he can be ordered to prison for 10 years for each of the manslaughter convictions. His mother can get 2-10 years for aiding him.

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More facts on Texas affluenza teen:

~ AP reports that the Couches have been staying at immigration facilities in Guadalajara, where they were given food and rooms with beds.

This means no "Mexican jail" for mom & son, just the typical detention rooms at INM.

~
Tarrant County District Attorney's office has filed for a Jan 19 court hearing to transfer his case to an adult court. This will likely be a game-changer, as Couch is likely to lose his protected juvenile status, and be changed to adult status. This would automatically dramatically extend his time on probation beyond what Joco reports above.

The change to adult status also means serious jail-time if it is determined that he violated the no-alcohol
terms of his probation, as may be shown by the videos of his "going-away" party.

~ The AP reported that U.S. authorities figured out that the mother and son were in Puerto Vallarta because of a phone call to Domino’s Pizza. US authorities tipped-off Mexican police on the Couch's being in PV ... so, it wasn't a Mexican citizen tip or bounty-reward offer result.


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This news that they're not enjoying a Mexican jail is disturbing. I really wanted them to fight extradition to drag the whole experience out a bit. Now it turns out, this mornings news, that they're fighting extradition. But in a cushy setting. Drats.

Of course the whole exercise will be all of the peanut gallery, i.e. us, watching money talk.

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More facts on Texas affluenza teen:

~ AP reports that the Couches have been staying at immigration facilities in Guadalajara, where they were given food and rooms with beds.

This means no "Mexican jail" for mom & son, just the typical detention rooms at INM.

~ Tarrant County District Attorney's office has filed for a Jan 19 court hearing to transfer his case to an adult court. This will likely be a game-changer, as Couch is likely to lose his "juvenile" status, and be changed to adult status. This would automatically dramatically extend his time on probation beyond what Joco reports above.

The change to adult status also means serious jail-time if it is determined that he violated the terms of his probation, as may be shown by the videos of his "going-away" party

~ The AP reported that U.S. authorities knew the mother and son were in Puerto Vallarta because of a phone call to Domino’s Pizza, so US authorities tipped-off Mexican police on the Couch's being in PV ... so, it wasn't a Mexican citizen tip or bounty-reward offer result.

How will his sentence be changed, Snowyco? Do you know that in the U.S. there is such a thing as double jeopardy? The judge in adult court cannot resentence him.

He has been sentenced. The prosecutor wants a judge in adult court because he/she thinks that judge won't go as easy but the sentences will still be the same.

As far as being held in INM detention, why wouldn't they be? She said they had no documents to be in Mexico. Other than being in Mexico illegally, they haven't committed a crime in Mexico.

This is what the prosecutor thinks he can get from an adult court, but I doubt it.

http://www.star-telegram.com/news/local/community/fort-worth/article52037270.html

"A hearing to transfer his case to an adult court is scheduled for Jan. 19. The change to adult status would extend his time on probation.

Couch is serving 10 years’ probation for killing four people in a 2013 drunken driving crash in southern Tarrant County. Authorities had been looking for him since he missed an appointment with a juvenile probation officer earlier this month."

Texas Juvenile Code

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The prosecutor might have a hard time transferring an adjudicated case out of juvenile court and the adult trial court cannot readjudicate the case and cannot resentence him. If he violates his probation again, he can be sentenced to 4-10 year sentences in prison for 4 manslaughters. That isn't anything to scoff at.

http://www.ojjdp.gov/pubs/tryingjuvasadult/states/tx.html

Discretionary Waiver Family Code, Sec. 54.02 The juvenile court may waive its exclusive original jurisdiction over a child who meets age/offense criteria if it finds, after a full investigation and hearing, that (1) there is probable cause to believe the child committed the offense alleged and (2) because of the offense's seriousness or the child's background the welfare of the community requires a transfer for criminal proceedings. The prehearing investigation must include a diagnostic study, a social evaluation, and an investigation of the child, his circumstances, and the circumstances surrounding the offense. The law recites various factors that must be considered in making the transfer determination. If the court transfers (or retains) jurisdiction over one offense, it must likewise transfer (or retain) jurisdiction over all others arising out of the same criminal transaction. Once the juvenile court transfers jurisdiction of a case, the adult criminal court may not remand it. [Note—Lesser standards apply to the transfer of someone who is already 18 but is accused of an offense committed as a juvenile, as long as the State shows that it exercised due diligence.] Offense Category Minimum Age Offense Detail Certain Felonies 14/15 14—First degree felony. 15—Second or third degree felony or State jail felony. Capital 14 Capital felony. Drug 14 Aggravated controlled substance felony. Statutory Exclusion Family Code, Sec. 51.03 A jurisdictional provision specifies that "nothing in [the Juvenile Justice Code] prevents criminal proceedings against a child for perjury." Offense Category Minimum Age Offense Detail Certain Felonies None specified Perjury.
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Joco,
interesting.

A combination of the PBS Nightly News Hour, NPR and the AP's legal experts all commented the same things that I relayed above.

Their legal beagles reported that the Texas DA's filing & legal actions to change Couch's status from juvenile to adult status could significantly change the terms of Couch's likely future incarceration.

Expert legal commentators reporting their detailed analyses, from 3 reliable news outlets, might know more than what can be found by simple Google scans ?

Do we imagine that the Tarrant County DA is filing frivolous fruitless legal actions? Maybe so?

I would imagine that the Tarrant County DA's office knows how things work there in Tarrant County, TX.

Since the Tarrant County is under the microscope of intense national & international media scrutiny, they might be doing things carefully (?)

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I've heard at least 4 different stories on loacal news etc. and they all differ. Yes, they're trying to get him to adult status which will make it tougher on him, although they can't add any charges. Now, the Mother may be in trouble and in her case I think I heard one report she could get up to 10 years for assisting the kid. But, who knows, we'll just have to wait and hope for some justice.

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Joco,

interesting.

A combination of the PBS Nightly News Hour, NPR and the AP's legal experts all commented the same things that I relayed above.

Their legal beagles reported that the Texas DA's filing & legal actions to change Couch's status from juvenile to adult status could significantly change the terms of Couch's likely future incarceration.

Expert legal commentators reporting their detailed analyses, from 3 reliable news outlets, might know more than what can be found by simple Google scans ?

Do we imagine that the Tarrant County DA is filing frivolous fruitless legal actions? Maybe so?

I would imagine that the Tarrant County DA's office knows how things work there in Tarrant County, TX.

Since the Tarrant County is under the microscope of intense national & international media scrutiny, they might be doing things carefully (?)

What is your problem?

The Tarrant County DA is elected. The DA does whatever is politically popular whether it works or not. Voters don't know the law and vote on emotion.

Read the law. I posted it. It isn't hard to understand.

What do you think the DA getting an adjudicated case moved to an adult court can do? The sentence has been given. There aren't two bites at the apple. Another judge cannot increase the sentence.

Do I think the Tarrant County DA and most of the judges are fools? You betcha. I have beaten them and sued them many times. They take an IQ test to get hired in the DA's office and whoever owes the most points at the end of the IQ test, is hired. The judges are lawyers who needed a steady paycheck, so they got jobs as judges. Good lawyers make too much money to be judges.

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I've heard at least 4 different stories on loacal news etc. and they all differ. Yes, they're trying to get him to adult status which will make it tougher on him, although they can't add any charges. Now, the Mother may be in trouble and in her case I think I heard one report she could get up to 10 years for assisting the kid. But, who knows, we'll just have to wait and hope for some justice.

What can they do to the kid?
The terms of probation are the same in juvenile court or adult court. They can't add more years to the probation. Can you imagine someone is sentenced, and the DA decides he doesn't like the sentence so he moves the case to another court to have that judge give a stiffer sentence? That is illegal. That violates res judicata, "a matter that has been adjudicated by a competent court and may not be pursued further by the same parties."
The sentence has been given. Moving it to another court isn't going to change it.
I do hope they fry the mother. When he was in private school, the principal complained to the parents that the boy should not be driving himself to school at 13. The father said he could buy the school and close it.
They are rotten people who think having money buys them out of trouble. I guess they have been right so far.
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Good Morning America interviewed me to be shown tomorrow, suposedly tonight another interview will be shown on Dallas ABC news.

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I am not the lawyer, just was interviewed as a legal commentator on Mexican law.

944080_10156425337945204_466385430988612

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One reason he might be messed up.

"Court records from Tonya and Fred Couch’s 2006 divorce proceedings revealed Tonya called Ethan her “protector,” and the boy typically slept near her in a bed she moved into her room, according to a profile in Dallas’s D Magazine."
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