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Pastimes : Investment Chat Board Lawsuits

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To: Jeffrey S. Mitchell who wrote (938)	12/10/2000 2:11:54 AM
From: EL KABONG!!!	Read Replies (2) of 12465

I'm not a lawyer, but, like, isn't ordering someone to pay a fine before a case is heard on appeal illegal, not to mention making them post bond just to be able to file?! Not at all. The defendant has had his day in court and lost. The judge in the civil case is making sure that the defendant will "pay up" before trying delaying tactics through extensive and expensive appeals and other legal maneuvers. This is quite routine actually, and entirely at the discretion of the court. There is also a difference between losing a civil judgement and being fined in a criminal case. In the criminal case, the court may very well make a defendant post bond (or bail) to ascertain with some certainty that the defendant won't just skip out under the guise of a never-ending appeal. If you were talking a criminal conviction where incarceration is involved, the defendant may very well find himself/herself appealing from behind bars rather than being released pending the outcome of the appeal process. This is especially true where the convicted defendant has both the means and the (presumed) motive for running. KJC

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