My husband's court martial is supposed to be tomorrow. The prosecutors have come up with a plea bargain. They are dropping two out of fives charges and attaching a sentence of five years. He can take this or go before the judge and take his chances. His crime is soliciting underage p*rn, enticing a minor, using a govenment computer, using home computer, and another I can't recall. The worst being the enticing a minor. The plea bargain is to drop that one and the home computer. They still want five years??? I feel that is harsh. He still has to go before a judge, at that time if the judge feels differently and sentences him to less or more the lesser of the sentences will hold.?? Another thing is... He is requesting Norfolk Brig to serve his time so he can still remain on the east coast. His lawyer is telling him that San Diego would be the better choice since that's where sex offenders go because of the intense counseling they offer. The lawyer also stated that Norfolk is for violent crimes or crimes involving adults???? Is that true? I've been reading all the descriptions for Norfolk and Miramar and have visited their websites. I'm not finding the info very helpful. Does anyone know if he's been given accurate info???
Thank you in advance for taking the time to read this. Gina

Gina,

I don't know the absolute validity of the information offered your husband, but I do know that my son is charged with similar crimes and his attorney told us that usually (provided spacing is available), they are placed as close to home or family as possible. But this placement may not be immediate. Also, it seems that 5 years must be the norm because that is the deal made my son. By the same token, he will go before a judge who will decide the sentencing, but it cannot be for more than 5 years. Naturally, we are hoping for less.

Good luck and hang tough,
Pam

:( Thank you Pam for your reply, and I also hope your son gets less as well.

Aside from you Pam, nobody else had anything to offer. It's kind of disappointing. I was expecting more replies, especially by those who frequent this site often. Is everyone one on vacation?

Hello???

Cannot give you any information you wanted, sorry, but I wanted to welcome you to PTO. It is a wonderful place full of kind, generous and knowledgeable people who will do their utmost to help and support you when they can.

It sounds like to me, that your husbands lawyer is providing him with correct information as he knows it. Now my husbands case was very unique, so a lot of the times the info the lawyers provided would end up being corrected later. But on the whole, it sounds like your husbands lawyer is doing the best he can and providing information as fast as he can. All things are arbitrary in the military and they seem like they can change the rules to make them fit as they see it whenever they feel like it. But as I understand, if your husband works out a plea deal for 5 years, the judge cannot give him more than 5 years. Your husband gets the benefit of the doubt. And as far as the counseling that certain prisons provide, from what my husband tells me of the programs at the DB in Leavenworth, don't count on them. The ones there are not accredited rehabilitation programs as he understands it.

As far as I am concerned, therapy by being close to your family and friends can be ten times more powerful and impacting than anything from a group of people you hardly know. But let the decision be up to your husband. He should talk it over with you but also listen to the lawyers advice as well, but in the end let your husband make the decision. Just make sure he is looking at all sides and understanding all factors beforehand. I hope this little bit helps and I know that things will work out for you in the end.

orasa,

First I want to Welcome you to the Military Forums and apologize for taking so long to do so.

I want to address the Courts-Martial.

I know that a five year sentence is harsh, however, I must admit that if this would be taken to trial, the sentence could be much harsher if he is found guilty.

Out of the number of Courts-Martial that I saw during my assignment to a Military Legal office, I saw 17 by military judge alone and one with the full panel.

Out of those 18 trials one was for assault and the others were for theft, all of those were part of the same conspiracy. The two harshest sentences came from the the full blown Courts-Martial, the others were plea agreements and the sentences were by nature far less severe.

I know that I have put this out in a fairly cold manner, and I apologize for that. However, as Erin said it sounds like your lawyer as gotten the best deal he can.

As for the Norfolk Brig, I do know very little concerning it though I have visited Coast Guard personnel held there years ago. I to believe that being near family can be a greater Therapy than being a distance from your family and taking part in what is offered and may or may not be helpful.

If he is sent to Norfolk and I can be of any help, please, feel free to pm me.

Patti

Thanks for all your welcomes and replies!!!
It looks like his lawyer told him that he pretty much doesn't have a choice as far as location. It has to be Miramar because they have an intense 26 month counseling program offered unlike any other. This program doesn't allow them to have or look at any pictures/photos/or images of any kind for the 26 months!! I guess that means no tv/movies/magazines. He will not be able to see his 3 yr old daughter until 2007! That's what's breaking his heart. If anyone wants to visit him they will have to travel across the country since everyone he know lives on the east coast. Visitors will not be frequent. He does understand that if he did not take the plea bargain that he would most likely be punished for a longer length of time.
I know they are to bring their seabag but does anyone have any general info about what to bring as far as personal affects? Or does the brig pretty much supply you with it all. ex: underwear, undershirts, toothbrush..etc..

I apologize for being so inpatient earlier. Thanks again, Gina

Gina,

None of us were upset or thought you were impatient.

The period leading up to trial, trial and sentencing is the hardest and most stressful part of the process.

I am not saying that there is not going to be hard times from here one out, there will be especially the heartache you both will feel.

Been there, done that, even now almost two years after my release, I have hard times and my family and I are dealing with them.

However, I want you to know that as time goes on both of you will settle in to the routine of things and life will get at least tolorable.

Your PTO Family is here for you and will help you get through this time,

Patti

Gina,
Welcome to PTO and the Military Forum. If your husband enters into a plea agreement, the sentence will be no more than that what is set out by that agreement, even if the adjudged sentence (one handed down at the court-martial) is greater. The government is bound by the terms of the agreement. However, if your husband enters a plea agreement, there will be no court-martial, only a sentencing hearing. At the hearing, the judge will go through the plea agreement line by line, word by word and ask many questions to satisfy the legal requirement that the agreement was entered into with full knowledge of the consequences and that is was completely voluntary on your husband's part. In other words, the judge will make sure he understands the charges, his options concerning available defenses, that the facts are correct and that your husband agrees with the facts as stated. The judge will decide on a sentence and announce it to the court. If the sentence the judge announces is more than the plea agreement sets out, the agreement stands. If it is less, the sentence will be what the judge has ruled. However, the final decision is made by the convening authority who may lessen, maintain or even completely do away with any sentence. But, the convening authority cannot impose a sentence greater than that set out in the plea agreement. If this information isn't clear, please read the postings concerning the UCMJ overview and others here that outline and discuss the regulations concerning court-martials, etc. I hope this helps. As to which facility he will do his time in, it may depend on the length of his sentence. Ft. Leavenworth in Kansas is for those with sentences over 5 years. A lot may depend on the charges, too. Again, welcome to our forum and know that we are here for you. As I've said before, it doesn't get "better," but it does get easier. Take care and keep in touch with us. There is a lot of support to be found here.

~ Lisa