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  #1  
Old 04-26-2020, 05:18 PM
tddtex tddtex is offline
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Default Trying to Prepare for a Plea, Sentencing and Prison

Hello,

Been a while since i have been here. I am getting close to accepting a plea. I was charged with 10 counts of Wire Fraud. Embezzlement of 1.1 Million Dollars.

The plea has a sentencing guideline of 37 to 54 months.

I am starting to freak out a bit as I guess anyone in my place would be .

Any thought son what I could possibly get? I have been told half of the high end.

First time offender . Never arrested.
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  #2  
Old 04-26-2020, 05:26 PM
drdata1967 drdata1967 is offline
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What was the plea offer? Usually the judge sticks by the guidelines in the plea.
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Old 04-26-2020, 06:45 PM
nene_510 nene_510 is offline
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Quote:
Originally Posted by tddtex View Post
Hello,

Been a while since i have been here. I am getting close to accepting a plea. I was charged with 10 counts of Wire Fraud. Embezzlement of 1.1 Million Dollars.

The plea has a sentencing guideline of 37 to 54 months.

I am starting to freak out a bit as I guess anyone in my place would be .

Any thought son what I could possibly get? I have been told half of the high end.

First time offender . Never arrested.
Never arrested may be in your favor. My loved one was looking at 31-41 months. He had prior charges that he served time for. It may all come down to the judge if you have no mandatory minimum. U.S. District attorney was pushing for 41 months, the recommended sentence in the Pre sentencing report wanted no less than 36 months, while the judge wanted to issue a 24 month sentence. We submitted a lot of support letters from co-workers, close friends and his adult kids. We ended up with 30 months. While this is what we went through its never the same for each defendant. The courts want to see remorse. Write a letter on your behalf to the judge showing remorse and asking for leniency. Wishing you the best. The unknown is always the scary part.
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  #4  
Old 04-26-2020, 08:12 PM
YOGA62 YOGA62 is offline
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Default Attorney

Do you have an attorney? Federal defender? is this federal? You will have a presentence investigation report done by the PO. They will investigate your background, record, talk to many people, write a report for the judge. It is good to prepare for this. It will happen after the plea agreement is accepted by the judge. It depends on your criminal points, which would be zero. You will get less time for admitting guilt, taking a plea. If you provide substantial help to the prosecution you can get less time with a downward departure. Good luck with everything.


Quote:
Originally Posted by tddtex View Post
Hello,

Been a while since i have been here. I am getting close to accepting a plea. I was charged with 10 counts of Wire Fraud. Embezzlement of 1.1 Million Dollars.

The plea has a sentencing guideline of 37 to 54 months.

I am starting to freak out a bit as I guess anyone in my place would be .

Any thought son what I could possibly get? I have been told half of the high end.

First time offender . Never arrested.
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  #5  
Old 04-27-2020, 09:22 AM
bellisq bellisq is offline
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Quote:
Originally Posted by drdata1967 View Post
What was the plea offer? Usually the judge sticks by the guidelines in the plea.

I believe it is more realistic to say the judge usually sentences within the guidelines in the Pre-sentence report.
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  #6  
Old 04-27-2020, 04:25 PM
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Born Born is offline
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You will likely be sentenced within the plea bargain guidelines, And just as a side note it no longer means a thing whether it's your first offense or not as most often they go by the mandatory minimum sentencing laws. At least that's what we found.
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Old 04-27-2020, 05:30 PM
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Lifetime30 Lifetime30 is offline
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I'm just hear offering support. I would ask tons of questions if how it is possible to get the lower end of the sentence within the guidelines before sentencing. Good luck
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Old 04-27-2020, 06:54 PM
ElMaestro ElMaestro is offline
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In my opinion, based on our case results and other discussions with other defendants in similar cases as yours, your sentence will fall somewhere within the guideline. It's my understanding a federal judge very rarely sentences outside the sentencing guidelines. If your guideline is 37-54 months, prepare yourself to be sentenced to 37-54 months in federal prison.
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Old 04-28-2020, 09:47 PM
bellisq bellisq is offline
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Statistics from the US Sentencing Commission show that downward variance occurs over 40% of the time. Some are from cooperation, some are for mitigation reasons (there are almost 200 acceptable reasons.) That still leaves a lot of people who get their exact guideline.

If there is no downward variance, it is typical to get at the bottom of the guideline range. It is different for state sentencings.
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  #10  
Old 04-29-2020, 05:27 PM
tddtex tddtex is offline
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So a little bit of my history.
I was abused as a child, dad was an alcoholic, mom a dressed pill popper. I was married at 21 with a child on the way. 1 month after my child was born, I was diagnosed with Cancer. Surgery and 6 months of radiation and survived. A year later, I survived a horrible car accident where i went through front windshield. At age 35, My dad killed my mom after years of domestic violence, and the committed suicide. At ager 48 I was diagnosed with a large tumor in my heart and had to have open heart surgery . Survived again. When this all came out, my then wife filed for divorse. I was arrested in Dec. I have never gotten therapy but now know that I very well should have . You could say I have 9 lives, I just hope this dosent kill me. Thansk for listening. PS -- My lawyer is hoping for probabtion OR at the most, 1year and 1 day based on my health and prior life trama.
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Old 04-30-2020, 07:09 AM
fbopnomore fbopnomore is offline
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A tough life for sure, but it sounds like you are due for some good karma in the future.
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  #12  
Old 04-30-2020, 11:45 AM
yourself yourself is offline
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Are you in therapy now? What have you done on your end to make sure this never happens again by fixing whatever it is within you that made the offense okay?

To put it bluntly, every defendant has a sob story, many much worse than yours. You distinguish yourself from every other guy who committed a crime by demonstrating remorse and the insight, desire, and ability to change. Having a history with a therapist is a start. Being treatment compliant, changing factors in your life, and taking affirmative steps to prevent future harm to society is one of the things they are really looking for.
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  #13  
Old 05-01-2020, 02:33 AM
Desertdweller11 Desertdweller11 is offline
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Default In my humble opinion....

Quote:
Originally Posted by tddtex View Post
So a little bit of my history.
I was abused as a child, dad was an alcoholic, mom a dressed pill popper. I was married at 21 with a child on the way. 1 month after my child was born, I was diagnosed with Cancer. Surgery and 6 months of radiation and survived. A year later, I survived a horrible car accident where i went through front windshield. At age 35, My dad killed my mom after years of domestic violence, and the committed suicide. At ager 48 I was diagnosed with a large tumor in my heart and had to have open heart surgery . Survived again. When this all came out, my then wife filed for divorse. I was arrested in Dec. I have never gotten therapy but now know that I very well should have . You could say I have 9 lives, I just hope this dosent kill me. Thansk for listening. PS -- My lawyer is hoping for probabtion OR at the most, 1year and 1 day based on my health and prior life trama.
Im not here to disregard your history, Im really not. I just do not sugar coat what you are asking those who wish to reply to your request. Honestly, most people who commit a crime have had a difficult past. I will even go so far as to say every single person has experienced some type of loss, trauma, or difficulty in their life. While the things you described sound horrible, imagine being that judge who has heard thousands of others stories just as tragic as yours. You said you never sought out therapy. Why not? If you want to show the judge that you are capable of being accountable for your actions, get yourself into therapy now. Take responsibility for what you did, not excuses for why you may have committed a crime. And stop acting like a victim, by saying you hope prison doesnt kill you..anything under 5 yrs is a walk in the park when you meet someone doin 20 plus years, thats grounds for an ass whoopin if you say that in prison. You made a choice, if you cant own that choice
then you are going to have a rude awakening. Judges want to see someone who is walkin the talk. Make the effort and inconvenience yourself by getting yourself into therapy or writing an apology to your daughter. And then go to court and accept your punishment .
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