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Why so many panhandling cases get dismissed
San Francisco Chronicle ^ | 3/2/8 | C.W. Nevius

Posted on 03/02/2008 5:41:03 PM PST by SmithL

Nothing characterizes the dysfunctional personality of San Francisco like its troubled relationship with panhandlers. While the city bills itself as a free-spirited tourist destination, visitors and residents regularly complain it is nearly impossible to walk down Market Street without being unpleasantly hassled.

Ron Hansman, who has worked in the city on and off since 1970, says he took a visiting friend to dinner in North Beach in November and ended up in a confrontation with a belligerent panhandler in front of a Columbus Avenue restaurant.

"I was thinking, what happens if we have to fight this guy?" Hansman said. "We're both 63 years old. What if he has a knife? Should I give him money to go away?"

...In 2003, 60 percent of city voters approved Proposition M, authored by then-Supervisor Gavin Newsom, banning aggressive solicitation in public places.

But nothing seems to have changed.

...And yet, the vast majority of "quality of life" violators have their cases dismissed, often with the help of homeless advocates like the Coalition on Homelessness, which offers to let violators drop off their citations at their office at 468 Turk St. Attorneys, often working pro bono from some of the biggest law firms in the city, take over the tickets and argue to get them dropped. Their success rate is said to be roughly 85 percent.

Paul Henderson, .. says that in an 11-day period last month, 85 citations were dismissed without even an appearance by the defendant and over the objections of prosecutors.

The reason,...is that the defendant's attorneys - and then the court - are demanding that the arresting officer generate a traffic report, describing if it was cloudy or clear, wet or dry, time of day, etc.

"You are essentially creating a new standard that is not required by law,"

(Excerpt) Read more at sfgate.com ...


TOPICS: Editorial; Government; US: California
KEYWORDS: baghdadbythebay; commielawyers; homelessindustry; sanfranciscovalues; tortreform; yourtaxdollarsatwork
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1 posted on 03/02/2008 5:41:05 PM PST by SmithL
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To: SmithL

San Francisco is the armpit of the west. Berkeley is the sphincter.


2 posted on 03/02/2008 5:50:17 PM PST by Drango (A liberal's compassion is limited only by the size of someone else's wallet.)
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To: SmithL

In Texas we turn “”agressive”” panhandlers into dead criminals...


3 posted on 03/02/2008 5:54:44 PM PST by Squantos (Be polite. Be professional. But, have a plan to kill everyone you meet. ©)
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To: Squantos
I was thinking, what happens if we have to fight this guy?" Hansman said. "We're both 63 years old. What if he has a knife?

Just like a liberal, bringing fists to a knife fight.

4 posted on 03/02/2008 5:59:59 PM PST by razorback-bert (Eco-wackos make love by candlelight, it is the only light they have.)
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To: razorback-bert

LOL, but can you imagine the trouble he would be in if he shot the guy?


5 posted on 03/02/2008 6:01:53 PM PST by Pining_4_TX
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To: razorback-bert

>> was thinking, what happens if we have to fight this guy?” Hansman said. “We’re both 63 years old. What if he has a knife?

Just like a liberal, bringing fists to a knife fight.<<
****

Actually, these liberals would prefer to flaunt their peace signs, even if a criminal threatened them physically.

Panhandling citations??? Gawd almighty...


6 posted on 03/02/2008 6:03:55 PM PST by max americana
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To: Drango
San Francisco is the armpit of the west. Berkeley is the sphincter.

With the berkeley city council being a little cluster of hemorrhoids.

7 posted on 03/02/2008 6:22:22 PM PST by RobinOfKingston (Man, that's stupid ... even by congressional standards.)
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To: SmithL
According to numbers supplied by the San Francisco Department of Human Services, police have identified 39 "aggressive panhandlers" who have been cited five or more times for panhandling. (Some have many more than that. In a 32-page list of individuals with more than one citation, two men have 22 citations in a seven-month period, another has 23, and a fourth has been cited 20 times.) That group, the department says, accounted for 447 of 625 citations (72 percent) in a seven-month period last year.

39 people account for that 72%. Don't you suppose getting those 39 off the street and teaching them to do something useful like turning broken concrete blocks into gravel would solve most of the problem?

8 posted on 03/02/2008 7:26:28 PM PST by Vigilanteman
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To: SmithL
Blame the judges that allow for these excuses to let off the defendants. The defense lawyers are simply doing their job.
9 posted on 03/02/2008 7:33:08 PM PST by pnh102
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To: SmithL
When I first moved from the small city I grew up in (no panhandling) to the downtown of a large city (lots of panhandling) I felt guilty not giving to panhandlers, or saying "no" (best I could muster was to ignore them). I was young, dumb, and relatively left-wing.

Iterate over a few years of paying income taxes, receiving physical threats from the "unfortunate", and becoming familiar with the tell-tale outward signs of certain nasty habits, and now I look them in the eye and say "no". I hope to one day graduate to "get a job".

They would "vanish" (get a job, find a higher density of saps to mooch from) in a week if nobody in a particular area gave them money, but the majority of saps just keep forking over money for nothing the guarantee of continued hassle and implied threats. I know some folks who even buy them booze...DON'T PUT FOOD OUT FOR THE SKUNKS.

10 posted on 03/02/2008 7:34:02 PM PST by M203M4 (True Universal Suffrage: Pets of dead illegal-immigrant felons voting Democrat (twice))
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To: SmithL
During early 90s I worked in San Francisco for a few years. Walking alone at night could sometimes get a little tense, but I was careful where I went and had some help in my pocket, so it wasn't too bad.

Two punks mugged a young guy on a bike in Golden Gate Park; he shot and killed one of the muggers, and the other mugger was charged with murder. Likely wouldn't work out that way these days.
11 posted on 03/02/2008 7:36:16 PM PST by caveat emptor
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To: razorback-bert
Just like a liberal, bringing fists to a knife fight.

Yes, stupid and liberal. I apologize for the redundancy.

12 posted on 03/02/2008 7:41:28 PM PST by rabscuttle385 (I have great faith in the American people. I have no faith in the American government, however.)
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To: M203M4

Yeah,they get the idea that panhandling IS a job in itself. THat’s wrong.


13 posted on 03/02/2008 7:51:33 PM PST by ichabod1 ("Self defense is not only our right, it is our duty." President Ronald Reagan)
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Comment #14 Removed by Moderator

To: Morgana
Image and video hosting by TinyPic ;0)
15 posted on 03/02/2008 8:06:59 PM PST by 1COUNTER-MORTER-68 (THROWING ANOTHER BULLET-RIDDLED TV IN THE PILE OUT BACK~~~~~)
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To: SmithL
Hate to be crass, but let's discuss profit motive here - or in this case, lack of it.

If they arrest and charge this vagrant, the city has to provide housing, three squares a day, health care if needed, and a public defender. The DA has to expend hours to prepare a case. Evidence has to be logged and stored, witnesses interviewed. They have to schedule time on the court docket and provide transport back and forth to court appearances.

In return, the perp has no money to pay fines or court costs, and no property to attach. It's a better deal for the city to just let him walk.

Do you think the city/state looks at the defendant's ability to pay when they decide whether to try him? I reached this conclusion after seeing an acquaintance arrest for DUI on suspended license, testing positive for cocaine, for the third time in a year. He was out the next day, and never prosecuted.

16 posted on 03/02/2008 8:11:42 PM PST by ZOOKER ( Exploring the fine line between cynicism and outright depression)
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To: martin gibson

I visited SF exactly once, and only for a couple of hours. Your story mirrors mine.


18 posted on 03/02/2008 8:40:44 PM PST by manic4organic (Send a care package through USO today.)
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To: SmithL
I last visited San Fran in 2006 (there to check some Giant's baseball)... stayed at a Ramada Inn not far from city hall (believe the UN square or plaza was across the street). Anyway, every morning when I walked out of the hotel there was the stench of urine EVERYWHERE... shops had employees washing down the sidewalks. One word: "gross!"

I had a rental car for a couple days and parked @ the hotel's lot... something like 22% tax on top of the parking fee. Hey San Fran... why do not you use some of that ill gotten gains to take out the trash (a.k.a. the militant homeless)?

19 posted on 03/02/2008 8:49:43 PM PST by Trajan88 (www.bullittclub.com)
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To: martin gibson

LOL...excellent description. And the reason I seldom go into SF.


20 posted on 03/02/2008 8:53:36 PM PST by Drango (A liberal's compassion is limited only by the size of someone else's wallet.)
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