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  #1  
Old 05-01-2012, 07:36 AM
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Default Questions about accepting plea in Wayne county

My wife has a plea deal that she is probably going to take as her public defender doesn't thing she is going to win. She is supposed to call her Pd tomorrow and let him know her decision. If she takes the plea when about will she have to report? Her Pd said if she decide to take the plea he would have her come back to court probably by the end of this week. We are in Wayne county Michigan.Her Pd also said he would try to get her some time before she has to report but we know there are no guarantee. If she takes the plea can anybody give us an idea of what's going to happen. Also if anybody can tell us about how long she will serve on a 4-15 year plea? And can anybody tell us what to expect and what it is like at Huron Valley in Michigan.
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Old 05-01-2012, 07:50 AM
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Her Public defender just called and told her she is supposed to be back in court to decide if she taking plea or going to trial. She didn't do what she accused of but got turned around by a cop and gave a statement . There is a witness that can say she didn't do it but it is our daughter and her public defender says the jury wont believe our daughter. She if facing csc charges from statement made by our 19yo son. Her public defender doesn't think that she can win since we got to district court, she has been offered 4-15years, and csc 3, if she fights she is facing csc 1and 7-12 years minimum and, her lawyer says that the judge she has will is tough on csc and will probably give her more than the 7year minimum. She understand the statement was a mistake but her public defender was sure at the beginning that he would get it tossed out but that changed at district court.
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Old 05-02-2012, 06:09 AM
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I feel really bad for your family. I understand the issue of false accusations made by someone who is angry but I do not understand why a person who is of normal intelligence would claim in writing to have done something they have not. Have you considered that your son may be telling the truth? I would never want to believe that about a loved one but perhaps your wife was inappropriate with your son and is now unwilling to admit guilt.

I think you need to post on the part of this site where other family members of sex offenders can answer your questions and lend you their support. Wether their loved one is guiltly or wrongfully convicted, they've been where you are.

http://www.prisontalk.com/forums/forumdisplay.php?f=101

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Old 05-02-2012, 07:43 PM
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At the beginning I did consider that it could be true but after talking to my daughter, who was awake in the next room when it happened, my wife whom I have know over 30 years. I still believe she did not do it plus after research done after it happened this is not uncommon in aspergers patients we talked to several group home people and phsychiatrist and heard many stories of this from Asperger patient and almost all are very detailed with detials dates times and are proven wrong. My wife has been repulsed by the idea for a long time and had to help family members through similar circumstances, she even did not want to have the talk with either of our boys. I listened of the course of this case and there are things in my mind that are said that I know that dont fit and are not true, some of them are not possible to have happened the way it did. Our son was angry at her for taking a bunch of adult material and magazines from his room, not more than a couple of weeks before. We also found clothing items from all of the girls in his room, we were in the process of trying to find him a new doctor as he was starting a slide and he also overheard us talking after we thought he was asleep about considering trying toget a residential placement for him. We were having a hard time doing so becasue his actions were just shy of being a danger to him self or others and with his diagnosis, age and insurance we were having a very ahrd time finding a doctor or psych clinic to take him as a patient. She grew up taught to trust people in authority and got fooled into thinking she may have by the detective who told her they had dna evidence that proved it with out a doubt that it happened and there was no doubts. I love her very much and stand by her

Last edited by scaredinmi; 05-02-2012 at 07:44 PM.. Reason: accidently hit reply while moving cursor
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Old 05-03-2012, 09:00 AM
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She's incredibly lucky to have you by her side.
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Old 05-04-2012, 05:34 AM
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Then why does it feel so bad like I have totally failed her and my family? :-(
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Old 05-04-2012, 10:39 PM
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wow, this is such a slippery slope. I'm so sorry that this is going on. Is it too late to fire your pd, and try to hire, another attorney????? I don't know much about this disease, but i do know one thing, public defenders work for the state. It doesn't matter if he could win, i don't think they would try to win. I hope that all these work out for you. Trust in the Lord with all your heart. Best wishes to you both.
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Old 05-05-2012, 07:18 PM
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Nunu, you're wrong about appointed counsel at least here in Wayne. We are mostly independent attorneys who have chosen to accept court appointments. I wish I did work for the state. Then, I would have benefits, paid leave, etc. I get none of that, but I do Harry cussed out and yelled at by clients and their family members who always want to scream that I don't care because I work for the state.

This is like any other job where some people bust their ass and others coast. Don't lump us all together. If someone is unhappy with their appointed counsel and they have a valid reason to be, they should ask for new counsel. The court will generally grant that request.

From what I've read here, it looks to me like she should have gone to trial, but I don't know what all the evidence is that the state had against her. I'm not privy to what sure told her lawyer. And sometimes, even when the lawyer would like to try the case, the client wants to plea and so they do. just like sometimes, the client wants to take an impossible case to trial and they do. It's the client's choice because ultimately, they're the ones who are facing going out the back door of the courtroom.
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Old 05-05-2012, 09:28 PM
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She did consider going to trial but her defender assured her she would get convicted on the higher charge and couldn't handle the higher penalties so she made a hard choice to get it over with, not willing to face the higher charge and longer jail minimum she feels that this was the only ways to possibly still see some of her child's life our youngest just turned 17 and she has not been able to see her much this year since it happened. She was allowed supervised visits until she was picked up the end of January, when I bonded her out she was not allowed till the judge changed her bond conditions in March and then there has been issues with seeing her due to things with the temporary guardian, long story, and now she may only be able to talk to her till her next court date because after that she can't talk to any minors. Now she wishing she had a defender like Cleverclog above then maybe she would have made different choice.
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Old 05-05-2012, 09:39 PM
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Your daughter needs to go to the syncing and a request needs to be made to the judge to allow her to have contact with your daughter. The judge can make a provision allowing her to have that contact, especially for visiting purposes since there were no allegations made by your daughter.
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Old 05-05-2012, 09:51 PM
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Quote:
Originally Posted by NuNu10 View Post
wow, this is such a slippery slope. I'm so sorry that this is going on. Is it too late to fire your pd, and try to hire, another attorney????? I don't know much about this disease, but i do know one thing, public defenders work for the state. It doesn't matter if he could win, i don't think they would try to win. I hope that all these work out for you. Trust in the Lord with all your heart. Best wishes to you both.
Public defenders DO try to win their cases. Although public defenders get paid through the state, they do not work for the state. Is it possible that you will get better representation if you hire a private attorney? Yes that is possible. But that does not mean that your public defender is giving you bad advice.
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Old 05-05-2012, 10:03 PM
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We are not trying to say he was wrong he very well maybe right and there was no choice other than the plea or losing at trial. We had to get them to change the agreement because it said no contact with disabled persons, and I am physically disabled the prosecutor did change it to be mentally disabled. She tried containing her defender after she got back from her psi and no luck so far. The lady she talked to at the parole office originally told her she couldn't talk or see our daughter anymore but then when she came out for the home check she said she could till sentencing. Our daughter would be devistated if she couldn't write or visit her or even talk to her on the phone.
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Old 05-08-2012, 09:18 AM
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With the issues going on in your family you really need help. Try the people below. If they can't help maybe they know someone who can.

Reprinted with permission of MI-CURE PLEASE READ CAREFULLY!

The case of Houle vs. Sampson, which concerned parole conditions restricting family relationships and religious worship, has been settled for the two plaintiffs in the case. However, the plaintiff's attorneys are continuing to work on the issue for other parolees.

The Houle case concerned the Parole Board's practice of imposing certain special conditions of parole on almost all parolees who were convicted of sex crimes or crimes with a minor victim. The parole conditions prevented parolees from having any contact with their own children or minor siblings. Parolees could not marry or date individuals who have children. Some parole agents did not allow parolees to attend religious services where children were present, if the parolee had a restriction on contact with children. While such conditions limiting contact with children may be necessary in some cases, the plaintiffs argue that each parolee's case must be reviewed individually before the Parole Board can impose such severe limits on family contact or religious worship.

Under the settlement, both of the individual plaintiffs have unrestricted contact with their children and spouses. For other parolees who were not plaintiffs in the case, the Department of Corrections (DOC) has established an informal process to address complaints about parole conditions that limit family contact or religious worship. Plaintiff's attorneys are monitoring how the DOC is handling these cases to determine if additional litigation is necessary.

If you have parole conditions that prevent you from seeing your children, seeing your spouse/partner, or practicing your religion, and if you also believe that these conditions are inappropriate in your case contact:


University of Michigan Clinical Law Program
Attn: Reentry Conditions Project
363 Legal Research-801 Monroe St.
Ann Arbor, MI 48109-1215
Tel. (734-763-4319

IMPORTANT NOTE!!!!!!!!!!!!!

In order for your case to be considered for the informal review process:
  • You must currently be on parole or be a prisoner who has received a parole.
  • You must send in copies of your Pre-Sentence Investigation (PSI) Report, any sex offender therapy reports or psychological evaluations, and your parole conditions.
  • YOUR CASE MUST INVOLVE LIMITS ON YOUR ABILITY TO SEE YOUR CHILDREN OR SPOUSE/PARTNER. OTHER PAROLE CONDITIONS ARE NOT BEING HANDLED THROUGH THIS PROCESS.
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  #14  
Old 05-08-2012, 01:13 PM
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scaredinmi scaredinmi is offline
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Quote:
Originally Posted by ConcernedSF View Post
With the issues going on in your family you really need help. Try the people below. If they can't help maybe they know someone who can.

Reprinted with permission of MI-CURE PLEASE READ CAREFULLY!

The case of Houle vs. Sampson, which concerned parole conditions restricting family relationships and religious worship, has been settled for the two plaintiffs in the case. However, the plaintiff's attorneys are continuing to work on the issue for other parolees.

The Houle case concerned the Parole Board's practice of imposing certain special conditions of parole on almost all parolees who were convicted of sex crimes or crimes with a minor victim. The parole conditions prevented parolees from having any contact with their own children or minor siblings. Parolees could not marry or date individuals who have children. Some parole agents did not allow parolees to attend religious services where children were present, if the parolee had a restriction on contact with children. While such conditions limiting contact with children may be necessary in some cases, the plaintiffs argue that each parolee's case must be reviewed individually before the Parole Board can impose such severe limits on family contact or religious worship.

Under the settlement, both of the individual plaintiffs have unrestricted contact with their children and spouses. For other parolees who were not plaintiffs in the case, the Department of Corrections (DOC) has established an informal process to address complaints about parole conditions that limit family contact or religious worship. Plaintiff's attorneys are monitoring how the DOC is handling these cases to determine if additional litigation is necessary.

If you have parole conditions that prevent you from seeing your children, seeing your spouse/partner, or practicing your religion, and if you also believe that these conditions are inappropriate in your case contact:


University of Michigan Clinical Law Program
Attn: Reentry Conditions Project
363 Legal Research-801 Monroe St.
Ann Arbor, MI 48109-1215
Tel. (734-763-4319

IMPORTANT NOTE!!!!!!!!!!!!!


In order for your case to be considered for the informal review process:
  • You must currently be on parole or be a prisoner who has received a parole.
  • You must send in copies of your Pre-Sentence Investigation (PSI) Report, any sex offender therapy reports or psychological evaluations, and your parole conditions.
  • YOUR CASE MUST INVOLVE LIMITS ON YOUR ABILITY TO SEE YOUR CHILDREN OR SPOUSE/PARTNER. OTHER PAROLE CONDITIONS ARE NOT BEING HANDLED THROUGH THIS PROCESS.
Thank you we are a ways off from this point though, my wife will be sentenced the end of next month, and will be gone for 4-15 years per her plea agreement for csc3. Her public defender got things changed so she would be able to see me, the original agreement said no contact with disabled people, and I am physicaly disabled they changed it to mental and cognitive disablilies, but we did not catch it or realize it in time that her bond allows her to see our 17 year old daughter but the agreement says no contact with minors, which she is already following, but when she went for her presentance interview she was told she could no longer see her daughter either, but when the lady from the office came out to verify her living arrangements she told her she was able to see her until sentecing. It is going to devastate both her and my daughter if they cant even have letters, visits or phone calls till she 18 we know it not that long just, under a year, but due to the case and issues with the person she has been staying with there is problems in the relationship already. It not destroyed but it in rough shape. Our daughter not happy she took the plea and is blaming me for the entire situation, and I can sort of deal with it but do not want to see her lose the relationship with her mother as well, I am free and can try to work things out with her but my wife wont have that option. And the lady she met with asking her why no one wants to see my son that is the victim in all this, becasue everybody else in the family and friends believe the accusations to be false. She knows she made the statement she made, after being told there was dna evidence was totaly supporting it, is her biggest mistake, the officer had her believing she was sleepwalking when it happened and put the thought in her mind that he had the proof it did. It just sucks that the one person who can prove it wrong will be thought to be a liar and she is also her one of my wifes biggest supporters. We already know that before she gets out I will have to move if I want her to come home to me. We are also curious about her chances of getting out at her minimum provided she has no problems while she there.
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