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  #26  
Old 01-07-2020, 02:45 PM
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Find a lawyer who you trust, and follow their advice. The criminal prosecution system is not conducted on a level playing field. Everything is tilted towards obtaining convictions that carry hugely excessive punishments.
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  #27  
Old 01-07-2020, 02:46 PM
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Wintermisk, I am so sorry to hear of your arrest. Im glad you are getting out ahead of this and wish you the best of luck.
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  #28  
Old 01-07-2020, 04:39 PM
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That is awful and Im really sorry!!! Wishing youll get out of this whole mess soon und unscathed. Sending you hugs
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  #29  
Old 01-07-2020, 07:04 PM
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Thank you everyone for the kind words and advice. Words cannot describe how fuming and angry I am with my boss right now.
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  #30  
Old 01-07-2020, 10:50 PM
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I'm not sure what your charged with and it's probably best not to say anything on here anyway. But try to get as much paper trail proof as you can that shows that you were working under her directive. Such as email correspondence where she is dictating your daily schedule. Copies of signed documents pertaining to the incident, diary dates, does your office have internal video monitoring? that too can be used to prove your innocence because i'm sure it will also include audio discussions. Any witnesses would also be of help, bank statements if it includes money deposits or withdraws. I don't know anything that will help you prove that your innocent. Good luck and i hope it all works out for you.
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  #31  
Old 01-08-2020, 09:37 AM
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I know your pissed off. I would be too.

But try not to extend much energy there. It wont do any good, and it will make you sick. (been there done that, not the same issue but yeah......I still get pissed as heck over crap that happened over 20 yrs ago.....but I try lol)


I'd try to go over your day like any other as best you can. Take care of yourself.
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  #32  
Old 01-10-2020, 08:07 AM
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Thank you to everyone who has replied. I really appreciate all the support and advice. I am certainly mad at my boss right now, it is true, but I'm trying not to let it take over and I'm trying my best to stay busy.

I realize I'm overthinking things here maybe, and this probably sounds like a stupid question, but do my bail conditions have any relation to my charges or if they think I am likely to be found guilty? I guess I have no chance of getting my conditions changed now either?
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  #33  
Old 01-10-2020, 11:09 AM
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Bond conditions are often "boilerplate", similar for everyone, but based on their charges. One size fits everyone, but pleases nobody. The pretrial services PO can, but rarely does modify them. Mine included the restriction that I couldn't stop for lunch during my pre- approved lawyer's appointment, which made no sense, but it was kept in place anyway.
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Old 01-10-2020, 12:40 PM
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Quote:
Originally Posted by wintermisk View Post
Thank you to everyone who has replied. I really appreciate all the support and advice. I am certainly mad at my boss right now, it is true, but I'm trying not to let it take over and I'm trying my best to stay busy.

I realize I'm overthinking things here maybe, and this probably sounds like a stupid question, but do my bail conditions have any relation to my charges or if they think I am likely to be found guilty? I guess I have no chance of getting my conditions changed now either?
Bail is just arbitrary but in alignment to the accusation. They have some schedule of what its supposed to be then if you are flight risk they up it....

I think you need lawyer and a strategy. I think bail can be negotiated along the way in the case. I would suggest trying to get RO and if not get bail because fighting your case in 30min increments through a window while hungry and irritated since you have no socks and eating crap is not as easy as when at home. Maybe you will have socks but you get me here...
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  #35  
Old 02-02-2020, 07:50 AM
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I have another update. It's not good news unfortunately. Things have been slow, but I've been offered a plea bargain that would include 16 months of prison time. I feel totally sick about the whole thing. I can't believe my lawyer thinks this is the best case scenario she can come up with. Sorry for the bad news, but I'm obviously feeling very low and despondent about the way this is turning out. I honestly have no idea what to do.
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  #36  
Old 02-02-2020, 09:42 AM
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I was wondering how this was going.
Im so sorry for the bad news. I guess now its time to decide what you should do.
Try to plan out what it will look like as far as your *stuff* as best you can.
did they give you a timeline on when you need to decide?
Really bummed out to hear this.
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  #37  
Old 02-02-2020, 11:21 AM
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Thank you for the kind words. I found this out a little while ago, so I have until Friday to decide now. It's the most horrible decision.
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  #38  
Old 02-02-2020, 12:04 PM
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I'm sorry, but the prosecutors have the power of the plea "bargain". What does your lawyer say? If testifying against your former boss is a requirement of the offer, the likelihood is you are being offered a shorter sentence than you could expect if you lost at trial, sometimes significantly shorter. The actual judge, the court (state/federal?), and the sentencing guideline range for those charges (based on your criminal history) are all important considerations to understand.

Horror stories about other similar cases (sentence received for a plea versus a trial) depend on all of those factors. The one case I am most familiar with is my own. The "bargain" from the prosecutor was no bargain at all, so I ended up rejecting it by entering an open guilty plea that had nothing to do with the prosecutor's offer. My federal judge has a long documented history (http://www.therobingroom.com/) of adding a huge "trial penalty" when defendants chose to prove their innocence, but ended up losing after a trial. It is not a level playing field because the evidentiary rules always favor the government, and many jurors lean towards convictions "otherwise why would my wonderful government charge them with committing crimes."

Questions to ask your lawyer are "what will I be charged with if I accept the offer?" "what will I be charged with if I reject it?" and what sentences is that judge handing out after similar guilty verdicts? "What is your lawyer's recommendation, and why?. Then check the maximum possible sentences for both (plea versus trial loss) options.

My sentence was 60 months in prison followed by 3 years of supervised release/federal probation. Same crime, same judge, 6 months later but with a guilty verdict after a 3 day trial, sentence: 240 months in prison (20 years) followed by lifetime probation. The only correlation between your case and mine is the possibility of having a much harsher punishment from an angry judge.
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  #39  
Old 02-02-2020, 01:30 PM
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Thank you so much for such a detailed post. I really appreciate it. It makes so much sense. I have already spoken to my lawyer about some of this and she thinks I should take the plea bargain (which would include me testifying against my boss of course). It crushed me when she said that. Honestly, I'm just really desperate not to go to prison and I want to fight my case, but at the same time I know things could end up much worse. My life has been in such a good place recently and I don't want to lose it all. Ugh.
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  #40  
Old 02-02-2020, 04:54 PM
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It's your decision to make since you are the only one who will serve any sentence you receive. The only options you have to choose from do not include your first choice, exoneration. Once you understand what your available options really involve, (another devil's bargain, you won't know the actual answer until your punishment is imposed by your judge at the sentencing hearing) then you can decide what you will agree to do.
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  #41  
Old 02-02-2020, 11:26 PM
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Quote:
Originally Posted by wintermisk View Post
I have another update. It's not good news unfortunately. Things have been slow, but I've been offered a plea bargain that would include 16 months of prison time. I feel totally sick about the whole thing. I can't believe my lawyer thinks this is the best case scenario she can come up with. Sorry for the bad news, but I'm obviously feeling very low and despondent about the way this is turning out. I honestly have no idea what to do.
Unfortunately and sadly a plea bargain looks good for your Attorney and is considered a win win for both sides of the law but not for you the client.
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  #42  
Old 02-03-2020, 11:41 AM
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One thing I wouldn't have been able to tolerate would be to spend extra time in a cage, looking out through prison bars, when I realized that the prosecutor's threat of a much longer sentence (up to decades longer) was actually a promise instead. It is definitely a process that favors the government, but reducing the prison time punishment is important too.
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  #43  
Old 02-04-2020, 11:19 AM
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Thank you all again. I am feeling like I have to take my plea bargain. I am too scared of the other consequences if I don't. I don't want to end up potentially spending 5 years of my life in prison.

I just wish my younger sister would keep her nose out of my business though and keep thinking she knows best and telling me what to do. It's very annoying right now and not appreciated!
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  #44  
Old 02-04-2020, 11:53 AM
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Originally Posted by wintermisk View Post
Thank you all again. I am feeling like I have to take my plea bargain. I am too scared of the other consequences if I don't. I don't want to end up potentially spending 5 years of my life in prison.

I just wish my younger sister would keep her nose out of my business though and keep thinking she knows best and telling me what to do. It's very annoying right now and not appreciated!
One thing I learned through the process is to string it out longer and take the best deal, right up to the day jury selection in some cases. Least that's what our lawyer said, and that's what we did. We took a deal but it was only after using up the time negotiating and such. Advocate for yourself, nobody else will and nobody else can.
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  #45  
Old 02-04-2020, 11:37 PM
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Quote:
Originally Posted by studebaker71 View Post
One thing I learned through the process is to string it out longer and take the best deal, right up to the day jury selection in some cases. Least that's what our lawyer said, and that's what we did. We took a deal but it was only after using up the time negotiating and such. Advocate for yourself, nobody else will and nobody else can.
I've been reading this thread and wondering. How did this get to a plea offer so damn fast? We don't know the details - and it should remain that way. But you're what, a month or two in and a plea is offered and your lawyer is advising jump on it?

Am I missing something here?

Studebaker makes a good point or at least is, effectively, asking a good question.
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  #46  
Old 02-05-2020, 08:31 AM
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If your younger sister isnt an attny in your jurisdiction......try to pay her no mind.

No one understands this unless they either have been thru it themselves, or is very close to someone who has.
Instead ask her to assist you while you are in. Letters, visits, books if allowed that type thing.
In fact if you wish to pm me with details I'd be happy to write you. Not sure how it would work but I'd be glad to write and send some cards to keep you cheered up.
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  #47  
Old 02-05-2020, 10:11 AM
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Just out of curiosity: what - if any - consequences is you former boss facing?
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Old 02-12-2020, 05:48 PM
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Hello I should try and post here more. I am sorry. I'm just overwhelmed honestly. Thank you to everyone for the advice.

I think they offered me a plea bargain early on as they want me to testify against my boss.

MizzyMuffling She is also being charged with a number of offences. My lawyer in convinced she will be found guilty and have to serve a long sentence unless she cuts her own plea bargain (I don't know how that would work)

Thank you again to everyone for the support. It's almost too hard to know what to say.
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  #49  
Old 02-13-2020, 02:26 AM
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Quote:
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I've been reading this thread and wondering. How did this get to a plea offer so damn fast? We don't know the details - and it should remain that way. But you're what, a month or two in and a plea is offered and your lawyer is advising jump on it?

Am I missing something here?

Studebaker makes a good point or at least is, effectively, asking a good question.
Its very advisable to make slow deliberate decisions in the process. I wouldn't just jump on a immediate offer as many times less said is best and you can take an original offer down the line if you are not doing all kinds of weird mitigating things. I mean unless there is additional stuff that is laying in wait that may not be in discovery yet and come out later? but even then they can rack additional charges and its still better to be calculated and outrun the prosecution. Also the longer it goes on, the more trivial some crimes even get and how expensive it is to prosecute.

I'll say on my own behalf, if I ended up in a situation, I would say nothing, plead innocent, buy as much time as possible, then strategize with a legal team to find the best offer and sit on it till the last moment. If staying in jail fighting the case is had to be done, in many times they offer you 1/2 time against county jail days. But I don't think fighting a case alone from inside a jail is advisable even if you are getting the extra credits.

I hope for the best....
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  #50  
Old 02-13-2020, 02:28 AM
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Also I would make sure I had the most local and reputable defense attorney possible.
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