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  #1  
Old 09-16-2018, 10:13 PM
Itsmeblondie Itsmeblondie is offline
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Default Help me, facing federal charges and my atty isn't helping me

So I am in the beginning stages of fighting a federal case with my boyfriend as my co-defendant, I'm out and we can not talk because of the rules of my pretrial.
I have a public defender but he doesn't seem to be helping he's cure is the victim route/plea deal I can't afford an attorney.
This is so stressful I'm facing alot of time if convicted?

Any advice?

Last edited by Itsmeblondie; 09-16-2018 at 10:17 PM..
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  #2  
Old 09-16-2018, 10:24 PM
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More details would help, but don't get too specific on a public forum.

What is the general nature of the charges, at least?

Is your public defender pressuring you to betray your boyfriend so as to jockey for a better deal?
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Old 09-16-2018, 10:39 PM
Itsmeblondie Itsmeblondie is offline
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Yes!! My alleged counts are sex trafficking of an adult with force fraud and coercion. Also interstate transportation with intent of prostitution.

Last edited by Itsmeblondie; 09-16-2018 at 11:03 PM..
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Old 09-16-2018, 11:03 PM
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Ah, alleged prostitution is a sticky one.

Let me guess: the public defender wants you to say that you were a victim, and that it was all your boyfriend's doing pimping everyone out? (You don't have to answer, just "thinking out loud" for the sake of argument.)

Definitely don't admit anything here on a public forum that isn't already on the record, but you should let your attorney know the truth about the situation so he can best advise you what your possible options are.

I will tell you this: if indeed your boyfriend is guilty and they are charging you as a co-conspirator, your public defender is just doing his job by advising you to testify against him in order to minimize your own consequences. Especially if you think he might eventually plead guilty himself, the first one to the plea trough usually gets the better deal. But if you're both really innocent, that is a whole other can of worms.

Let me ask you this: how strong is the evidence against you two? Has your public defender seen "discovery" yet? Are we talking eye-witnesses? Did police catch anyone in the act, allegedly?

Again, don't post anything that isn't already on the record, but just trying to offer some food for thought, things to consider before you decide whether to plea bargain or not.
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Old 09-16-2018, 11:06 PM
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I hate to tell you this, but your boyfriend's attorney is probably doing the same to him, and trust me, if he's facing a ton of time in prison, and you're facing a ton of time in prison, whoever talks first, is going to come out ahead.

You should try to get a cooperation deal with the prosecutor, which can help reduce your sentence by up to 1/3, in addition to taking a plea which gives you a 3 point guideline reduction.

When you get indicted by the feds for a crime, your chances of winning at trial are less than 1%. Once they make you a target, they rarely ever lose. That is the sad truth. It sucks, but that's unfortunately how it goes. So, your best bet is probably to take a plea.

As a defendant though, the government does have to provide your attorney with all of their discovery against you, so you can see what they have and how strong it is. You should ask your attorney to see it then you will know how strong their case is. You should also ask that your case not be a joint defense case with your boyfriend, however, many judges won't separate them out so if you lose that, it is also not a good sign for you, and again as I said initially, whoever goes to the prosecutor first is going to get the better result.

When you take a plea, you usually plea to 2 counts and the rest get dropped. You have a lot of counts, but if you have no criminal history that will help you, but you can still be looking at 3 years per count.

Good luck!
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Old 09-17-2018, 12:16 AM
Itsmeblondie Itsmeblondie is offline
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Yes there are alleged V's Still going through the papers not much of it points in my direction.
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Old 09-17-2018, 12:55 AM
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If that is the case, definitely speak to your attorney about the possibility of getting a severance then, of separating your case from your boyfriend's.

That way you won't be tried together, if you do take it to trial, and any evidence against him won't drag you down with him.

Barring that, if the court won't allow you to separate, and you are confident that your boyfriend won't testify against you, one possibility you could discuss with your attorney is pleading guilty to your own limited involvement in whatever is going on WITHOUT ratting out your boyfriend.

You likely won't get as sweet of a plea deal offer going that route versus claiming you were a victim of his, but at least that way you wouldn't have to testify against your boyfriend if he did choose to take his case all the way to trial himself.

But rockchalk is right, I'm afraid. Once you are criminally charged or indicted, regardless of innocence or guilt, in over 9 out of 10 cases a jury is going to find you guilty regardless. Especially in federal court, where federal prosecutors have a nasty high win rate. And if you do fight it all the way to trial and lose, you will likely end up with the maximum penalty for each count, possibly STACKED (run consecutive) each on top of the other, adding up to a potentially massive sentence.

So pleading out is definitely a wise option in most cases if at all possible, just discuss with your attorney what options you have, and whether it may be possible to plead guilty (again, to limited involvement) without giving up your boyfriend, if that is something you are dead-set against doing.

Last edited by Nickel Timer; 09-17-2018 at 12:59 AM..
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  #8  
Old 09-17-2018, 06:56 AM
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One other thing to add, you're not married to each other, so there is no protection as far as testifying against one another. So, if he is looking at a lengthy sentence, and knows he can throw you under the bus to save his ass, he will. I don't know how long you have been together, but when someone is looking at a huge sentence, they will do anything they can to reduce it.

Whether you knew what was going on or not, and let's say you didn't, and now you know, then why would you want to go down with the ship and have anything to do with this guy? And if you did know what was going on, then it is time to think about yourself and get the hell out of the situation and put yourself first.

I would also start going to see a therapist. That will look good in the eyes of the judge both now and in sentencing, in that you're doing something to make your situation better, especially as to how you found yourself in this mess in the first place.
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Old 09-17-2018, 12:19 PM
Itsmeblondie Itsmeblondie is offline
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Been together 12+ years, very open relationship. If you plea doesn't that mean to sign your rights over? So you can't appeal, I have definitely heard you have no chance at trial. But with it being my first time in trouble, I'm so lost.
And yes I do see a theapist it's court ordered.

Last edited by Itsmeblondie; 09-17-2018 at 12:24 PM..
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  #10  
Old 09-17-2018, 02:48 PM
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Yes, it is true, I'm afraid.

With most plea bargain agreements, you forfeit your right to any appeals.
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Old 09-17-2018, 05:39 PM
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Almost all federal criminal cases are settled without trials, and when a trial happens, almost all defendants are convicted of something contained in the prosecutor's multiple count (even for only one event) indictment. Many federal judges are also known to impose a "trial penalty" at sentencing, so when the prosecutor threatens someone with a huge prison sentence, it many times turns out to be a promise. That's how they get so many innocent people to plead guilty.

Federal public defenders know how the local district's courts, and especially the judge who is assigned to your case, proceed better than anyone, so definitely don't automatically dismiss what your lawyer tells you. The choice is yours to make, but be sure you completely understand what you are choosing.
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Old 09-17-2018, 05:59 PM
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First to the trough is the first to feed. When there are more than one co-defendants, it is highly likely that one will flip on the other. That person gets the sweet deal. The other gets screwed.

Guaranteed if you’re looking at decades in prison and a lifetime on the registry, flipping on your crime partner becomes very enticing. It takes a very, very strong person to stay strong. Prisons are filled with those people, as their crime partner usually isn’t as strong, or is more pragmatic, or just wants to spend their life outside of prison as much as possible because prison sucks.

Yes, you give up your right to appeal, but so what? You have a date definitive as to when you get out, know the exact nature of the charges, and can even negotiate whether or not you get on the registry. You should talk with your attorney about what you can negotiate with, what you have to negotiate with, and what would be expected in trade. Btw, a plea can be a great way of living with something definitive rather than waiting possibly years to find out just how screwed you are, because that’s the kind of time we are talking about before going to trial in complex cases.

Depending on how early this is in the process, your attorney doesn’t have everything. A motion for discovery goes in, the feds hand over discovery as they get it. It can take time to have a forensic analysis of finances and then hand the pD a copy of that report which may be discoverable. Same with testing of any type. Same with resolution of other cases. Etc, etc, etc. you probably don’t have a good idea of how strong the case is against you. Talk with your attorney about this.

You’re not in a fun spot right now, but it is what it is. Federal PDs are generally very good, especially on complex felonies. They are ethically bound to present any and all plea deals to you. They will give you their opinion on the strength of the case. But in the end, it’s your ass in prison. You have to decide how much time you want to spend there (assume you will spend time in prison as banking on an acquittal just means you won’t be able to really assess the situation appropriately).
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  #13  
Old 09-17-2018, 11:07 PM
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People will say and do anything to avoid prison and will think of themselves and only themselves first.

Someone got immunity to be a witness against my husband. My husband in a million nears never would have thought this guy would have thrown him under the bus, but the minute the guy was called in for questioning that's exactly what he did. The worst part of it though, is not that this guy got immunity and was ready to testify against my husband, it's that he also made up shit that he didn't need to make up. He could've just kept to the facts at hand and that would have been enough for them to get the indictment of my husband, even though he still missed one big part (and person) of the case. But it's like he had to dig the nail in further for some reason. Everyone has sort of laughed when they hear about it, because everyone knows that part isn't true, but no one has any idea why this guy did it. My husband is not a vengeful guy. He isn't even bitter towards this guy, but in his testimony to the gov't he not only said my husband was very vengeful, he also claimed my husband tried to get this guy fired at one point. Not true. This guy was a valued "team member" of my husband's. He was at family events of my husband's children and my husband was at family events for his children. So my husband was stunned that this guy had the need to throw those lies in there, especially since they had nothing to do with the case. We know this guy was bitter towards my husband, which is pretty funny because even today he still has his job at the same place and my husband is the one sitting in the prison never going to be able to do that work again and not at all bitter towards this asswipe. Go figure!

So anyway, as we all keep saying, don't assume your b/f isn't going to turn because if he's looking at a lifetime of prison, or many years, he has absolutely nothing to lose by turning on you. And, most appeals aren't won either, so unless you actually think you would go to trial and have a realistic chance of winning (unlikely) then it doesn't matter if you take a plea because chances are you would never win an appeal anyway.

If you don't believe your attorney, then my suggestion is to go get a second opinion. You can probably find a criminal attorney who might give you a 1 hour free consult.
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Old 09-18-2018, 12:16 AM
Itsmeblondie Itsmeblondie is offline
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So is it either cooperate or need up with a ton of time?
They can lie to us all they want and it's okay

Smh
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Old 09-18-2018, 02:54 AM
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Quote:
Originally Posted by Itsmeblondie View Post
So is it either cooperate or need up with a ton of time?
They can lie to us all they want and it's okay
Pretty much, blondie. Cops are allowed to lie through their teeth, whatever it takes to break a suspect or get them to talk.

The sad fact of the matter is, once you are in the government's crosshairs, you either play the game (plead out) or get railroaded and made an example of if you dare fight it and take it all the way to trial. Unless the evidence against you is really weak... but they don't usually arrest and press charges unless they have some pretty strong probable cause in the first place.

That's the reality of our "justice" system in this country. It's a process. And you get processed, one way or another...
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Old 09-18-2018, 03:15 AM
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After reading all this I just wanted to say that I'd do anything and everything that would give me the best sentence and outcome. Plead as the others suggested and do whatever helps YOU to get this done as easy, fast & the least time.
Good luck!!!
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Old 09-18-2018, 06:12 AM
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go over what you are deciding with your attny first. Please.
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  #18  
Old 09-19-2018, 08:36 AM
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To be faced with something like this is so unfortunate. I never knew addicts would be considered a reliable source.
And due to the fact public defenders are so busy I don't hear from mine very much

Thanks for all the the helpful info

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Old 09-19-2018, 12:11 PM
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Let me second the idea of the general excellence of Federal Defenders. I have an acquaintance who robbed 3 banks in 2 states and ended up with only a 3 year sentence. He worked his butt off to bring out every single positive thing.
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Old 09-19-2018, 12:59 PM
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Quote:
Originally Posted by Itsmeblondie View Post
To be faced with something like this is so unfortunate. I never knew addicts would be considered a reliable source.
And due to the fact public defenders are so busy I don't hear from mine very much

Thanks for all the the helpful info
If you’re implying that the only “witness” is an addict, I would strongly suggest you ask your attorney to see the discovery because if you’re looking at a long sentence, there is probably a lore evidence than just the word of 1 victim. Also, if you don’t like your attorney, then you should get an attorney you do like even if that means going into debt to do it, if you feel that everyone is pointing fingers at you and lying. Only you know if you are truly innocent or not but most of us have been through the ordeal of these things as family members, attorneys, or the defendants themselves, so if they’re coming after you then they most likely have more than just one perso’s statement. There is probably additional evidence and you are privy to all of that evidence. So again, you should either move on to another attorney or stand up for yourself with your current attorney because as we have all said, if you don’t, your bf will probably cut a deal and leave you holding the bag and once he does that you’re screwed anyway and inone of it will matter.
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Old 10-06-2018, 05:24 AM
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I just answered on another post you wrote about the private attorney or PD I didn't scroll down far enough I guess. But, anyways what every one is saying on here is pretty much correct. My case was somewhat different but they wanted me to roll on my former bosses. My case was a CA DOJ but they had it in State Court which is their option instead of Federal. But, regardless I wasn't doing that. In your case and only my opinion do what you have to do for you. If you have kids or family think about them. It's hard I know, my late husband and I were codefendant's at one time not as serious as yours but he refused to let me go back to prison cause of the kids he made the deal, I only did a violation and got out in a couple of months. He took an the charges and got 5 years. He'd never been to prison only done county time. But, he wanted me cut loose. If your bf knows anything at all about how to get you out of it maybe he can but the question is, do you think he will or do you think he'll try to save himself? Think about it but don't take too long and like I said in my other post, ask your attorney questions. Get explanations for what you don't understand.
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