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Get a cable modem, go to jail (1999)

telecom.csail.mit.edu

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Re: Get a cable modem, go to jail (1999)

#71

Post by morpheuskafka »

Hizonner wrote: post #7

While Comcast should get plenty of blame here, it's also true that it's flat out dereliction of duty for a prosecutor to file a case based on nothing but an uninvestigated complaint from some random corporation. At least Comcast made some attempt to fix it... and also got stonewalled by the State's Attorney's office.

As soon as the DA got the letter from their only witness stating that no crime occurred (unless they thought Comcast was lying then, which doesn't seem very possible in this scenario), they would have been obligated by Model Rule 3.8(a) to discontinue the prosecution. Whether or not it was "already scheduled" should have been irrelevant.

Re: Get a cable modem, go to jail (1999)

#72

Post by [deleted] »

profile53 wrote: post #52
torstenvl wrote: post #41

Earlier quoted context omitted.

This comment is deeply inappropriate. Engaging in ideological flamewar is against HN guidelines and is just plain rude to all of the HN folks who actually work in the field you're being casually dismissive of.

I don’t think the parent post was engaging in an ideological flame war. As a way to start educating yourself, I’d recommend reading about the correlation between long jail sentences and African American heritage. https://www.opensocietyfoundations.org/publications/racial-d... (Edit: this DOJ report is more relevant to the time period of the article. https://bjs.ojp.gov/content/pub/pdf/sfc-drmtsg8690.pdf ) Deny the ba…

[deleted]

Re: Get a cable modem, go to jail (1999)

#73

Post by tamrix »

thatoneguy wrote: post #31

I was a "broadband technician" around then and AT&T Broadband did not give AF if you were stealing cable or not. I only handled cable modem installs and quit after a year to go major in philosophy and because: - Getting quietly threatened once (with AR-15 up against the customer's front door) on a troubleshooting call that I wasn't able to leave until "the internet started working". - Having to increasingly go do cab…

Sounds like a bigger problem with your society than the job.

Re: Get a cable modem, go to jail (1999)

#74

Post by qingcharles »

Hizonner wrote: post #7

While Comcast should get plenty of blame here, it's also true that it's flat out dereliction of duty for a prosecutor to file a case based on nothing but an uninvestigated complaint from some random corporation. At least Comcast made some attempt to fix it... and also got stonewalled by the State's Attorney's office.

I guess you've never met any prosecutors? This is pretty much modus operandi of every prosecutor office I know of.

Re: Get a cable modem, go to jail (1999)

#75

Post by qingcharles »

morpheuskafka wrote: post #71
Hizonner wrote: post #7

While Comcast should get plenty of blame here, it's also true that it's flat out dereliction of duty for a prosecutor to file a case based on nothing but an uninvestigated complaint from some random corporation. At least Comcast made some attempt to fix it... and also got stonewalled by the State's Attorney's office.

As soon as the DA got the letter from their only witness stating that no crime occurred (unless they thought Comcast was lying then, which doesn't seem very possible in this scenario), they would have been obligated by Model Rule 3.8(a) to discontinue the prosecution. Whether or not it was "already scheduled" should have been irrelevant.

How many times have you seen a prosecutor sanctioned under 3.8? Believe me, I have tried and tried to get prosecutors cited under it. I know prosecutors who flat-out commit felonies and the State won't do anything. Is there evidence that any prosecutor ever has been brought up on this Rule?

And I don't think just because the only witness states no crime occurred that the prosecutor will drop the charges. I would say in at least 50% of domestic battery cases the complainant will call the prosecutor at some point and tell them that no crime happened and please can they let the defendant out of jail. In almost zero cases this happens, in my experience. Normally they run it all the way to trial and sit there holding up the court waiting for the no-show witness to turn up before the judge acquits.

Re: Get a cable modem, go to jail (1999)

#76

Post by gnicholas »

coding123 wrote: post #19
jonny_eh wrote: post #3

I feel like if something this dumb happened now, there'd be no way to get it resolved that quickly, and without hiring a lawyer. Getting Comcast lawyers to respond to you at all is the one bit in particular I can't picture happening.

You can't even get a lawyer to call you back anymore because they're working from home too - which means they are at the beach all day with the kids, and will maybe check their voicemail in the next few days.

Oh man, lawyers are delightfully responsive, at least in my experience (both working as a lawyer, and working with outside counsel). I send emails after 11p and get a response before midnight, even as a pro bono client.

Whenever that happens, I am reminded of what my life was like when all of my work emails were promptly responded to. I am also reminded that I should be glad to have escaped a world where such timeliness-at-all-hours is the expectation!

Re: Get a cable modem, go to jail (1999)

#77

Post by qingcharles »

coding123 wrote: post #19
jonny_eh wrote: post #3

I feel like if something this dumb happened now, there'd be no way to get it resolved that quickly, and without hiring a lawyer. Getting Comcast lawyers to respond to you at all is the one bit in particular I can't picture happening.

You can't even get a lawyer to call you back anymore because they're working from home too - which means they are at the beach all day with the kids, and will maybe check their voicemail in the next few days.

I remember during COVID lawyers starting doing their court calls on video. They would regularly do them from the driving seat of their cars, and I watched one doing his call while shopping for groceries.

Re: Get a cable modem, go to jail (1999)

#78

Post by cogman10 »

mwint wrote: post #33
Larrikin wrote: post #18

Earlier quoted context omitted.

[flagged]

I wonder if it’s a thing where no one ever actually wrote “cable theft is a 6mo max sentence”, but rather a serious of things that seem reasonable on their own: - Cable theft is fraud - Fraud is a Class Z crime - Class Z crimes have this sentencing range I guess I can see how that happens.

Someone actually wrote 6 months, it's the same statute.

https://www.law.cornell.edu/uscode/text/47/553#:~:text=For%2...

Re: Get a cable modem, go to jail (1999)

#79

Post by qingcharles »

quickthrower2 wrote: post #28
emodendroket wrote: post #26

Earlier quoted context omitted.

The article gives an estimate closer to $1000, which sounds likely in what sounds like a pretty straightforward case.

That is hindsight bias. How much do you need for the typical defense?

In the USA. Typically you'd want to put $10,000 aside for a felony defense. $50K upwards is the standard for a decent murder defense.

Plus bail money.

Re: Get a cable modem, go to jail (1999)

#80

Post by hn72774 »

noduerme wrote: post #59
thatoneguy wrote: post #31

I was a "broadband technician" around then and AT&T Broadband did not give AF if you were stealing cable or not. I only handled cable modem installs and quit after a year to go major in philosophy and because: - Getting quietly threatened once (with AR-15 up against the customer's front door) on a troubleshooting call that I wasn't able to leave until "the internet started working". - Having to increasingly go do cab…

Most of this story is horrific and ...funny. You should write a screenplay. We had free HBO in my house in the early 90s because the cable guy apparently just decided to let us have it. I never understood how that worked.

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