uga indicted the GT 'hacker'

Would it be on his record? Would he have to plead guilty to a lesser charge?
 
Probably not a conviction but the arrest is on his record and it'll probably always be there

Here in North Carolina we have something called expungement they say in theory takes the arrest off your record but after 9/11 I don't believe it

Nowadays once you get arrested you have to explain it if somebody reviewing the records
 
this is what one ga lawyer's website says


Generally once an individual is accepted into the program they no longer have to attend court hearings and are immediately subject to the supervised program for a required period of time. The participant must agree to terms which may include restitution, community service, and program involvement. Also, participants must agree to not be arrested or charged with any new offense while in the program. After successful completion of the Pretrial Diversion Program the charges will be dismissed or result in nolle prosequi, meaning no conviction of the crime is on the individual’s record and the individual can have the charge expunged from their record. Participants who do not successfully complete the program return to the criminal justice system and are prosecuted for the crimes charged. The Pretrial Diversion Program is county specific so each has different requirements for eligibility as well as completion of the program.
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all this stuff can be googled


But the reality is once you ARE FINGERPRINTED that creates a record and that record is sent to the feds. I was fingerprinted when I got a concealed carry permit in GA and NC and when I applied for admission to the state bars of NC and GA. I believe if law enforcement were to run my NCIC then you would see all these events b/c there is a fingerprint attached to those events.

When I review an NCIC (criminal record check) it appears to me that every time that person is fingerprinted shows up on that check

In NC "they say" they destroy the records when it is "expunged." Even if NC does actually destroy the records I think there is 0% chance that the feds destroy the records.

We live in society where they are monitoring all cell phone calls.....so why would they NOT keep fingerprint/dna and etc.

Even all the news about the arrest actually creates a searchable record. The reality is he probably will have to explain it away for the rest of his life when he seeks new job, college or etc.
 
law_bee said:
But the reality is once you ARE FINGERPRINTED that creates a record and that record is sent to the feds. I was fingerprinted when I got a concealed carry permit in GA and NC and when I applied for admission to the state bars of NC and GA. I believe if law enforcement were to run my NCIC then you would see all these events b/c there is a fingerprint attached to those events.
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Wait a second... I have a criminal record because I have a Georgia Weapons Carry License?
 
beej67 said:
What exactly is a "pretrial diversion?"
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Pretrial Diversion is a system which is set up in courts all across the US for individuals with no prior criminal record.

For instance, an 18 year old gets caught shoplifting and the judge deems in fitting for this individual to go through a PTD (Pre-Trial Diversion) program so as not to harm the 18 year old's future. The individual will pay the probation company each month while doing so many Community Service Hours. It's a good program more courts should implement so it doesn't screw over someone who did something stupid the FIRST time in their lives.

Same situation could work for a 55 year woman who gets her first DUI...if it's her first ever offense of any sort.

Of course, as soon as any of these individuals fail to comply with any of the PTD's instructions, they are sent back to the judge for a Revocation Hearing and could end up with a record anyway. This way the true scumbags can't get off easy.
 
It seems a bit excessive given the relative nature of the hack. At the same time, as one whose personal email has been hacked three times, and a nasty virus attached once, it is not all fun and games these guys do.
 
Sidewalk Fan said:
It seems a bit excessive given the relative nature of the hack. At the same time, as one whose personal email has been hacked three times, and a nasty virus attached once, it is not all fun and games these guys do.
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No one "hacked" your email. You got burned by visiting pron sites without proper protection.
 
beej67 said:
What exactly is a "pretrial diversion?"
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It's a prosecutor diverting right before the trial.

UGA is good at this.

Often during the game we saw UGA execute pretouchdown diversions.
 
Good news. Maybe he can teach some UGA football players to read as community service.

law_bee said:
pretrial diversion is a good resolution IMO and it appears he is getting a fair shake from the DA
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It's only the better of bad resolutions at this point. It is ridiculous that it went this far. A good resolution would have been using a little discretion up front and not indicting in the first place. Another good resolution would be changing the law in Georgia so there is no vague "computer trespassing" crime where an innocuous act could be misconstrued by idiots as something that deserves a felony charge with possible prison time as punishment!

This episode will be remembered as the time a Tech student submitted a calendar entry to UGA's online calendar and the dumbasses, not understanding computers, thought it was some act of cyberwar.
 
law_bee said:
this is what one ga lawyer's website says




all this stuff can be googled


But the reality is once you ARE FINGERPRINTED that creates a record and that record is sent to the feds. I was fingerprinted when I got a concealed carry permit in GA and NC and when I applied for admission to the state bars of NC and GA. I believe if law enforcement were to run my NCIC then you would see all these events b/c there is a fingerprint attached to those events.

When I review an NCIC (criminal record check) it appears to me that every time that person is fingerprinted shows up on that check

In NC "they say" they destroy the records when it is "expunged." Even if NC does actually destroy the records I think there is 0% chance that the feds destroy the records.

We live in society where they are monitoring all cell phone calls.....so why would they NOT keep fingerprint/dna and etc.

Even all the news about the arrest actually creates a searchable record. The reality is he probably will have to explain it away for the rest of his life when he seeks new job, college or etc.
Click to expand...

The expungment laws are called "Records Restriction" in Georgia. My understanding is that there are different types of criminal histories that are available. If a person has an arrest removed in records restriction, it is not reported on any criminal history other than the ones run by law enforcement and the courts.

So, let's say you and your domestic partner got into it one night and you were arrested for Battery. If you went through pre-trial diversion successfully and had the record restricted at the end, then your employer or other civilian or governmental agency (other than Law enforcement and the Courts) would not see a record of that arrest on the report you received. L.E. and the courts have a need that type of info though so it appears on the record they have.

Regardless, your sentence on a later conviction cannot be legally aggravated because of a prior arrest, only a conviction. Pre-trial diversion does not count as a conviction.
 
gtzulu said:
Good news. Maybe he can teach some UGA football players to read as community service.



It's only the better of bad resolutions at this point. It is ridiculous that it went this far. A good resolution would have been using a little discretion up front and not indicting in the first place. Another good resolution would be changing the law in Georgia so there is no vague "computer trespassing" crime where an innocuous act could be misconstrued by idiots as something that deserves a felony charge with possible prison time as punishment!

This episode will be remembered as the time a Tech student submitted a calendar entry to UGA's online calendar and the dumbasses, not understanding computers, thought it was some act of cyberwar.
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Why do dat? Their Jrs. can already read at an 8th grade level (seriously). What's he gonna do, jack em up to 9th grade!?
 
Because of the heinous nature of this crime UGA will not count the 2014 game in the series record.
 
coit said:
No one "hacked" your email. You got burned by visiting pron sites without proper protection.
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Don't know what a pron site is but all I ever visit are a couple of gt message boards and newspaper sites. I am not a voyeur of the internet.
 
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