Sorry to start another Rush thread but is he or is he not a convicted

[chelsea0011]

felon? I'm confused about this legal deal he made. Maybe if he were to turn himself in on Monday the news would have had a chance to explain it during the week.:sarcasm:

Anyone understand this?

[ScreamingMeemie]

1. Sort of...or not. It depends on how you look at it. He took a plea

bargain. He bribed...er...paid them $30,000 to help defray costs, agreed to do the counseling, rehab...blah, blah, blah... If he stays out of trouble for 18 months, his record will be expunged and then we can't call him a con any more. Sucks, doesn't it?

[Uben]

2. not convicted, admitted nt

nt

[liberal N proud]

3. If he does his radio show from drug rehab for a year then he is free

Off with nothing on his record.
Fat pig buys his way out of a criminal record.

[TahitiNut]

4. Not. It's a pre-trial diversion program.

What that means is that the person charged can avoid a trial (and probable conviction) by agreeing to perform certain tasks and meet some conditions. This usually includes therapy (or treatment), community service, periodic drug screening, and payment of fees. A failure to meet the conditions is supposed to trigger the resumption of prosecution, trial, and (probable) conviction.

These programs are designed to fairly serve otherwise responsible citizens and avoid the stigma (and disqualification for voting, security clearance, etc.) that would come with a conviction.


In principle, I think such programs should be available independent of political affiliation or citizenship. In actuality, Limbaugh has demonstrated absolutely no personal responsibility and has been in denial all along. I find that to be antithetical with the goals of such a program - offer an 'out' to folks who take responsibility for their actions and admit they have a problem.

[rodeodance]

7. I agree. Rush was not a candidate for this program--as he shows no

remose and only went to treatment when he got caught.

[rodeodance]

10. I think, not sure, that people do Boot camp as an option also under this

program (and chance to wipe any criminal charges from their record).

[TahitiNut]

12. I'm guessing this is the kind of treatment Junior got for his cocaine bust

Yes, my cousin's son did a kind of Boot Camp under such a program. Luckily, he finally (after failing two other programs) was put into a valid and effective self-esteem program that employed certain processes with which I'm personally familiar.

I'd be willing to bet that Junior's cocaine bust back in the TANG days was handled in this manner.

[wakeme2008]

11. But Florida has some gottas in their law

Full text http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=132&topic_id=2597061&mesg_id=2597146

(5) At the end of the intervention period, the administrator shall recommend:

(a) That the case revert to normal channels for prosecution in instances in which the offender's participation in the program has been unsatisfactory;

(b) That the offender is in need of further supervision; or

(c) That dismissal of charges without prejudice shall be entered in instances in which prosecution is not deemed necessary.

The state attorney shall make the final determination as to whether the prosecution shall continue.

At any point the SA can change their mind...

[atreides1]

17. They won't change their minds

Remember Jeb's daughter, even after she was on the program she was caught with drugs during rehab, but the judge let her slide.


As for the state attorney making the final decision, it will be in favor of Limpballs.

Once again another sign that if you have the right connections and the money to pay for it, justice does have a price.

[Cobalt Violet]

5. Pre-trial probation.

If he doesn't fuck up in 18 months, he never goes to trial, never gets a conviction, no record.

[hwmnbn]

8. Anybody have any spare ......

Oxycontin we can send him?

Just a thought. O8)

[rodeodance]

6. He will not have any criminal record if he stays clean for 18 months-sees

he doc. etc. The one count will be dropped. NO record.

[gator_in_Ontario]

14. Will he have to

drop urine once a week like the poor drug addicts? You know, the ones that need to be locked up forever?:sarcasm:

edited for grammar

[TexasProgresive]

9. Shock probation is what they call it in Texas

He has a record now but if he keeps the rules of the probation at its end (18 months) his record will be expunged. So yes he has a record and it is not permanent but could be. If he fails to meet the requirements of the probation he will have to serve the sentence.

[djg21]

13. No. He received a conditional discharge.

He recieved what is termed a "conditional discharge," ("CD") or an "adjournment in contemplation of dismissal" ("ACD"). In essence, the charges are left opened and adjourned for a period of time, and they are ultimately dismissed or discharged if the perp abides by the conditions he agrees to as part of the CD or ACD agreement. If Rush continues in treatment for the agreed-upon period of time and pays the $30K, he'll ultimately be off of the hook entirely without any criminal conviction. If he fails to abide by the terms of the agreement, the charges can be reinstated, and Rush can be tried.

[Burning Water]

15. I'm not a lawyer, but

the way I read it, he was arrested and pled, "not guilty". There has been no trial. Therefore, technically, he is an innocent man. My further understanding is that he has to meet certain conditions, and if he does then in 18 months, the charges are dropped.

This was a total and complete vindication for Rush, and, frankly, IMO a complete defeat for the DA, who shouldn't have wasted his time and the public's money (I'd bet the $30K Rush is going to pay doesn't come close to covering the expenses of this investigation).

While we here on DU will be whooping it up celebrating the exposure of Rush's hypocrisy, over on FR you can bet they're rallying 'round him, laughing with relief, and talking about the "mean-spiritedness" of liberals.

Although I think the whole thing is a wash. Neither side has gained anything by it, and it's been a exercise in futility.

[Walt Disney]

16. I agree, this was nothing but a waste of time and money.

If someone wants to kill themselves with illicit drugs, I say let them have at it.

[ScreamingMeemie]

18. What weighs heavily on me this morning is thinking on the treatment

of "every day Joe's" charged with this crime. They don't have the fame nor $$$ to buy themselves a clean record. The hypocrisy makes me sick. The fact that freepers don't realize that, in the same boat, their life would effectively be over just blows me away.