View Full Version : need information on federal sentencing


hammur11
11-15-2003, 01:16 AM
Hello all,
I just wanted to know if someone can give me some information. I was 1 of 4 people involved in a incident at a cemetery on federal property that had received some damage. Damage turned out to be almost $10,000.00. one of the other 3 people involved told someone about the incident and when questioned by police,actually told them everything minus her part in the incident. after she told, the other 2 were questioned and answered everything half-truth. I hired an attorney and explained everything to him. Being i was guilty and 3 other people already gave testimony to my conduct out there, he said my best bet was to explain everything to investigators, which i had done and the us attorney in turn ofered the 3 of us a class b misdemeanor charge. No charges were filed on initial person who told everything. as part of the agreement of course was restitution.

My part in the ordeal as a whole was minimum, I have come up with a full third of the restitution, no prior conviction just a couple of public intox which i never pled before a court for just payed a ticket . It has been over 10 years since then.

when being interviewed by po, i admitted to having a alcohol problem in the past, which during the event, i was under heavy intoxication(which im sure really dont matter). It turns out the cemetery is a owned by 3 indian tribes around this area. I have received 1 impact statement which says they dont want any money just want me to serve the max according to law.

I know this was a stupid thing to be involved in, my wife and 10 year old son is a member of the tribes involved. which has in turn brought enormous grief upon her and my son, she loves me and stands by me even though it has been hard for her. I just hope some day she finds a way to really forgive me. I also hope some day her family finds a way to forgive me.

I was wondering if anyone has any kind of opinion as to how this will go. I understand this is really minor as to what some of you might be going through and i pray god will help everyone of you get through your pain tribulations as well.

ballard01234
11-15-2003, 01:37 AM
I don't think I'm really completely sure what your question is...but as far as putting you in prison for the max...I doubt that will happen if you've already covered your previous sentence. However...if you ever get in trouble again...state or federal..they usually will put you in their max...a long with time from previous charges.

hammur11
11-15-2003, 01:57 AM
I was just wondering as someone who has never been to jail,little on prison, what can i expect? Isi tlikely I will go to prison?,if not what kind of probation will i be under? (submittting to ua, monthly po visits, or just stay out of trouble?) If im given prison time,will i go to a ocunty jail, federal prison and what kind of prison-security will it be?

ballard01234
11-15-2003, 07:01 AM
well...you will go to federal prison if you get time. Federal prisons also require you do 85% of your time. Probation I would think is a possibility. My cousin was picked up in illinois for pulling a fire alarm at a hotel, which is a federal offense, somewhat similar to yours. He was also with a few other people...they caught them with pills and he was ordered to pay right around $10,000...with no probation. But understand, the feds watch you forever...if you do get probation, and are busted again, county, city, federal, doesn't matter, they'll pick it up and give you whatever time you would've gotten if sentenced to prison.

Have you went to court? Where are you at in the court process right now?

hammur11
11-15-2003, 03:03 PM
I went to court plead guilty,po is preparing psr that is due on dec 3 then the court will schedule sentencing

hammur11
11-15-2003, 03:09 PM
If im given probation will i have to submit to UA testing? Will the court be watching me like they are while im out pending sentencing (getting my check stubs, making sure im working, asking if i have had contact with law enforcement asking if im still refraining from alcohol )going to see a po reguialrly and these type of things. I have never been on probation and do not know anyone who has been on probation through federal system is why im asking all these questions. I'm thinking if im given some time it might not be so bad as to what could be given through probation

ballard01234
11-15-2003, 04:59 PM
when you get into federal...it gets a little bit tougher.

Honestly...they do whatever they want...it'll be up to your po whether or not he has you right under his finger.

As far as the drug testing...i think it's a good possibility, but since you don't have drug charges...who knows. The thing with federal is if they suspect you of anything else...there going to excersise every possible right they have in monitoring someone.

They can drastically change from one person to another...and it all depends on what they feel like that day or what you could offer them.

I'm sure they will continue to get your paystubs and monitoring your work attendance....and might even after probation.

Federal is a lot more extensive and will look into any case more than county because one, there are not nearly as many people doing federal time/prob. Two, they can't let anyone slip through and get away with things because they look a lot worse than the counties will..The control anything they can and everything they want to...so just be prepared to lay low for awhile...and wait til sentencing about the drug tests...I have no idea.

hammur11
11-15-2003, 05:19 PM
first thanks for all your answers and time, im not really worried about passing a UA, I was just wondering if it going to be a strict probation,its all about to the po though it seems. we'll see how everything turns out at sentencing. The po handling my supervision while waiting sentencing seems pretty cool, unfortunately the one handling my psr, seems to have a pretty big disliking for me.

kmker48
11-15-2003, 07:39 PM
hi hammur i posted a question but really new at this my son in moberly prison wander how long it is before you get to see the parole board ,,to see how long you stay thanks

ballard01234
11-15-2003, 09:06 PM
no problem...and wish you the best of luck in getting this over with.


Carrie

chapalakid
11-19-2003, 08:51 AM
If you get off with probation, you will be subject to UA's. 4 times a month for the first 6 months. After that for the time remaining it will be random.

MariaElena34
11-19-2003, 12:14 PM
Actually, I just did 6 months in federal prison for a class B misdemeanor. I understand that is the maximum possible sentence for a class B. So if the judge heeds the request of the Native Americans, that is what you could get - or a longer period of probation.

hammur11
01-30-2004, 09:45 AM
thanks very much for all the input , I had received 30 months supervised probation, i have to submit to ua's to test for alcohol,and 52 hrs community service,500 dollar fine and 8700 dollars in restitution.

I had never been through anything like this before and my attorney was not expierenced at all in federal court. I seen on this website about having family ,friends and people of the community i know to write letters on my behalf. I suggested this to my attorney and he thought it was good idea. Anyhow in one of the letters my pastor said i was a man that has always and continues to learn from his mistakes.

At the sentencing the judge said she read through all the letters and said she did believe I was a person who learns from his mistakes.

so anyway wanted to say thanks if not for this forumn,things probably would have turned out differently