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  • What is a conviction, When did Unauthorized Use get created? Why?

    From micky@21:1/5 to All on Fri Aug 18 16:19:26 2023
    This is the url but I've quoted all that I care about: https://www.anthracitelaw.com/maryland-criminal-lawyer/theft-crimes-shoplifting-stolen-property-etc/vehicle

    "When a car is stolen or taken or used without authorization in
    Maryland, it is often charged as unauthorized use of a motor vehicle, a misdemeanor with a minimum sentence of 6 months and $50, and not more
    than 4 years and $100. The minimum sentence only applies for a
    conviction, and does not include probation before judgment.

    Like other theft offenses, part of the penalty is that the property must
    be returned, or if that is not possible, the owner must be compensated
    for the value of the car."


    A) What is "a conviction"? Does that include a guilty plea?

    Is he saying that if you get PBJ, the minimum is that, PBJ, no jail and possibly no fine.

    He also doesn't mention a stet. They have stets in Maryland, so likely
    for Unauthorized Use too, right? Why doesn't he mention them... too
    rare, doesn't want readers to get their hopes up?

    B) On Nextdoor a poster thinks in the 60's there was Grand Theft Auto
    and Unauthorized Use was created aftr the '60's when "The white boys
    were stealing cars but they did not want the stigma of GTA on their
    record." Is there any truth to this? For example, was Unauthorized
    Use a newly created charge after the 60's?

    Some things that seem impossible turn out to have a basis in fact. I'm
    still trying to find out if "losing the right to vote after a
    conviction" is one of those, that it was created to stop Negroes from
    voting. Anyone know?


    --
    I think you can tell, but just to be sure:
    I am not a lawyer.

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  • From Rick@21:1/5 to micky on Sat Aug 19 07:01:02 2023
    "micky" wrote in message news:alcvdilp1almlqbn89h0pbvv0rf1s3eus2@4ax.com...


    This is the url but I've quoted all that I care about: >https://www.anthracitelaw.com/maryland-criminal-lawyer/theft-crimes-shoplifting-stolen-property-etc/vehicle

    "When a car is stolen or taken or used without authorization in
    Maryland, it is often charged as unauthorized use of a motor vehicle, a >misdemeanor with a minimum sentence of 6 months and $50, and not more
    than 4 years and $100. The minimum sentence only applies for a
    conviction, and does not include probation before judgment.

    Like other theft offenses, part of the penalty is that the property must
    be returned, or if that is not possible, the owner must be compensated
    for the value of the car."


    A) What is "a conviction"? Does that include a guilty plea?

    Is he saying that if you get PBJ, the minimum is that, PBJ, no jail and >possibly no fine.

    He also doesn't mention a stet. They have stets in Maryland, so likely
    for Unauthorized Use too, right? Why doesn't he mention them... too
    rare, doesn't want readers to get their hopes up?

    B) On Nextdoor a poster thinks in the 60's there was Grand Theft Auto
    and Unauthorized Use was created aftr the '60's when "The white boys
    were stealing cars but they did not want the stigma of GTA on their
    record." Is there any truth to this? For example, was Unauthorized
    Use a newly created charge after the 60's?

    Some things that seem impossible turn out to have a basis in fact. I'm >still trying to find out if "losing the right to vote after a
    conviction" is one of those, that it was created to stop Negroes from
    voting. Anyone know?



    You lost me at "The minimum sentence only applies for a conviction..."
    Don't ALL sentences for all crimes only apply to convictions? And yes, convictions would include guilty pleas.

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  • From Stuart O. Bronstein@21:1/5 to Rick on Sat Aug 19 08:57:47 2023
    "Rick" <rick@nospam.com> wrote:

    You lost me at "The minimum sentence only applies for a
    conviction..." Don't ALL sentences for all crimes only apply to
    convictions? And yes, convictions would include guilty pleas.

    No. Sometimes people plead "no contest," get some sort of sentence
    (e.g. diversion or rehabilitation), and then the indictment is
    dismissed when they complete whatever they agreed to do.

    --
    Stu
    http://DownToEarthLawyer.com

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  • From Rick@21:1/5 to Stuart O. Bronstein on Sat Aug 19 22:01:50 2023
    "Stuart O. Bronstein" wrote in message news:XnsB065589EBCFFAavocatstuyahoofr@130.133.4.11...

    "Rick" <rick@nospam.com> wrote:

    You lost me at "The minimum sentence only applies for a
    conviction..." Don't ALL sentences for all crimes only apply to
    convictions? And yes, convictions would include guilty pleas.

    No. Sometimes people plead "no contest," get some sort of sentence
    (e.g. diversion or rehabilitation), and then the indictment is
    dismissed when they complete whatever they agreed to do.


    I agree that a no contest plea can lead to an indictment being dismissed as part of a plea arrangement, but my understanding is that the initial no
    contest plea (which literally means "I do not contest the charge") still
    starts out as a conviction with some form of defined sentence. But you're right that in this case a person can receive a sentence knowing the charge
    will eventually be dropped if the defendant meets specific conditions.

    --

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