View Full Version : The games they play......


kali
03-29-2002, 07:17 PM
So I thought I was gonna do a 13 month bit, I thought wrong. I testified on my husbands case and the prosecutor got pissed because he couldn't trick me up in his cross. The judge had to stop his questioning of me be4caus ehe wouldn't stop yelling and finally disobeyed the courts direct order...On appeal, during oral arguement this prosecutor actually apologized for his behavior. WELL, I guess he didn't like his tail between his legs because somehow he has managed to get the 13 month deal off the table. He shouldn't even be part of my case, yet he talked to the prosecutor on my case and we are back at square one. DAMN IT!!!!! I'm just pissed. It isn't as if my husband won the case, hell, he still got 17 YEARS, what more do they want but now I am looking at 5 years again. My attorney says that since nothing was ever in writing that they can do this. I still say its wrong, but what can I do. The trial is set for the 15th, I really don't want to take it there, but with no offers on the table I have nothing to lose.

This is crap and I am tired of them screwing with my life.

David
03-29-2002, 07:48 PM
Kali,
All these AUSA's (assist. U.S. Attorney) are in bed with each other. They talk and carry out each others retaliation.. It is one of the biggest gangs out there.. And they play for keeps on just about everything.. especially someone that does something they don't like..
Is there nothing in the court records about a deal?

David

Amelia
03-29-2002, 07:57 PM
Kali, I will pray for you...EXPECZT A MIRACLE--it sounds silly but if you Expect it you send out positive energy...GOOD LUCK and GOd Bless!!

kali
03-29-2002, 07:58 PM
it wasn't a done deal, just verbal but that doesn't count for anything. Part of me want to play attorney and take it to trial and call my attorney to the stand, have him testify that there was a verbal; deal but that it was taken of the table by a different prosecutor, the one who prosecuted my husband, Let the jury decide if revenge it legal. But then...like you said, they play for keeps and if I piss them off again (and I believe that I could win) then they will just keep coming after me. It will never end.
Kali

sherri13
03-31-2002, 09:49 PM
kali-what a tough position to be in-wish i had some great advice for you--i do know what you mean about verbal not counting for anything-like they say "if it isn't documented, it didn't happen"--it really angers me that much of all of this truly is a game, and there is no real rationale but basically luck that determines the dispostion of many cases. Just wanted to say i am thinking about you and hope everything works out the best way possible for you-

sherri

kali
04-01-2002, 09:29 AM
My attorney called this am, no good news. I am breaking here. I can not deal with the thoughts of being away from my daughter for so long. They are now saying 21 months, the range is 15-21 but the judge has been giving the high end. I asked/told my attorney to go back to the prosecutor again and figure something better out but he makes it sound like he has done all he can, I know there has got to be a way.
Thanks for listening....it helps to know that people have a clue.
Kali

bman
04-01-2002, 09:35 AM
Kali:

You could refuse to plea bargain, if they can't do any better. You are playing with fire, but you still have that option.

kali
04-01-2002, 09:41 AM
can't do it, the fire is to hot. They ask if you are threatend in anyway to a plea, HELL YEAH, it is that or let them throw the book at you. They will do whatever they can to get you where they want you. I have a 6 year old, her dad is serving 17 years, I have to get in and get out, and I can not take the chance at trial.
kali

bman
04-01-2002, 10:08 AM
The jury would take that into consideration. I couldn't send a mother to prison.

kali
04-01-2002, 10:18 AM
bman,
did you plea or take it to trial? You couldn't send a mother to prison but that is the fastest growing population, women in prison, and most of them are mothers. I don't think people should go to prison for non-violent offences, especially when there is only co-defendant testimony to support the charge, BUT, since thats not how the law works...to be very honest, I am just plain scared.
kali

Amelia
04-01-2002, 06:50 PM
Kali--keep pushing your attorney..our attorney had said each deal she came to us with was"the best she can do" but when we didnt accept it she went back and got better..I know of a man who was facing 6 years on a minor drug charge and they didnt want to do any better than 6 but he wouldnt give up and asked his attorney if they would do a rehab program..the attorney said the prosecutor would never go for that--he screamed at him "just ask!!" and what do you know he is going to do 1 year rehab!!! Your attorney should be able to bring up the fact that you are the sole parent now...KEEP TRYING--negotiate til YOU know in your heart you cant go any further!! I will pray for you!!! EXPECT A MIRACLE!!

kali
04-01-2002, 08:06 PM
Thanks, I need to hear that.
kali

David
04-01-2002, 08:32 PM
I agree completely with the premiss of not giving up but what Kali is facing is the federal system. You do not have nearly the latitude in playing the sentencing game that you have in the state system. The federal judge gets pissed and sais.. Reset.. Next time for sentencing.. And he/she means it..
What you all are calling a "Plea" is more like a recommendation by the A.U.S.A. You plead guilty, if I remember correctly, then the Ass. U.S. Attorney recommends to the Judge that you get sentenced to the upper or lower end of the applicable guidelines.. Then the judge does what he wants.. You can't back out..

David

kali
04-01-2002, 08:38 PM
Pretty much that is right. I plead guilty, the prosecutor tells the judge and the judge signs off. What I am fighting is "relevant conduct" In a conspiracy charge they try to make everyone resposible for everything which raises my base level of offence to a 19 (from a 4) if they only made me responsible for the count I am named on (1 out of 16 counts) then my offence level would be an 8 which could put me in a probation category (0-6) BUT, the prosecutor is saying plead to the entire conspiracy or face state charges and the rath of the system for not playing there game.
SO.....whats a girl to do?

reelstev
12-27-2003, 03:52 PM
Hi Kali....I am going off to a FPC in 3 weeks. Never spit on the sidewalk not even a speeding ticket at my ripe age of 32. I worked for my dad that had a record. Our "Park Avenue" atty who handled my dads last case gave his blessing to our business and oversaw it..like others said if its not documented it didnt happen. He & his associates "no nothing" billing records and notes from meetings disappearerd!!! Anyway., all I did was work there as an admin/office mgr...they arrested me and charged me with 10 counts of Fraud, based on what others said that had plead guilty that i knew in the industry....

mrsg
12-27-2003, 04:59 PM
YOu still have to be careful ...even if you get it in writing...my hubby had a plea signed and all that the ausa would not protest...his attorney talked to the p.o. to make sure this would fly and he said sure....then when the psr came out, the p. o. went back on his word and recommended a higher sentence than in the plea!

remiella
12-29-2003, 10:54 AM
Sounds so familiar. I did 2 years for the same charge. Be strong. Peace. Maria. Let me know if you need any info.