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So That We're Still a Fact-Based Community: In GA, Sentencing to Prison for RICO, is NOT Mandatory [1]

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Date: 2023-08-18  

I have seen many (most) pundits on TeeVee, as well as professional print-journalists state that prison is a mandatory sentence for RICO violations in Georgia.

It is not.

And I have seen some diarists here at DKos parroting this error. Hell, it took me a while to find a site where the actual code is spelled out.

But I found it………

GEORGIA CODE (Last Updated: August 20, 2013)

Title 16. CRIMES AND OFFENSES

Chapter 14. RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

Section 16-14-5. Criminal penalties for violation of Code Section 16-14-4

(a) Any person convicted of the offense of engaging in activity in violation of Code Section 16-14-4 is guilty of a felony and shall be punished by not less than five nor more than 20 years' imprisonment or the fine specified in subsection (b) of this Code section, or both .

It’s important for us to get this stuff right.

I don’t see how I am possibly reading this statute wrong, but if I am, then obviously I will delete this diary.

I was confused by DA Willis’s answer to a question about whether a RICO prison sentence is probatable. I think Ms. Willis was answering that IF the sentence is prison-time, then that is not probatable.

Please pass this on, and correct people who are incorrect.

I would hate for defendant Trump to be convicted, and then only be fined.

Even worse, if everyone here had expected a mandatory prison sentence.

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[1] Url: https://www.dailykos.com/stories/2023/8/18/2188173/-So-That-We-re-Still-a-Fact-Based-Community-In-GA-Sentencing-to-Prison-for-RICO-is-NOT-Mandatory

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