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  #126  
Old 03-17-2018, 05:40 PM
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I believe that most court trials are biased against the defendant, and for the prosecution anyway. In "child said/you said" cases the evidentiary rules are even more biased against the accused.

With 25 years in prison possible, I think you should do anything you can to be represented by the best possible lawyer, regardless of the cost. It will probably require a lot of investigating to find them, but it is that important.
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  #127  
Old 03-20-2018, 04:35 AM
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Yeah it would be nice to have a paid lawyer, but I can't even come up with money for one. I've written several lawyers to see if any would take the case pro Bono, no luck there. And the cheapest I have found wanted 20k upfront. With no credit, no job, or way to get any money period is out of the question. It sucks as I am stuck with a public defender, and that's not looking so hot currently.
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  #128  
Old 03-20-2018, 07:24 AM
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I hope your PD does a great job for you. I would have been much better served by a PD than I was by my expensive, but lazy, private attorney.
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  #129  
Old 03-20-2018, 11:43 AM
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Originally Posted by patchouli View Post
He choose to plead guilty because he was most likely promised a shorter sentence than he would receive at trial....how is that even a fair choice IF he's innocent
For Netflix subscribers, there is a series available now titled "I Am Innocent". The stories come out of NZ so a little different court system than the OP article, but essentially you watch how the train-wreck of witness statements, fear, intimidation, misinformation and politics work to incarcerate the not-guilty. For a US based series, try "The Confession Tapes", also available on Netflix.
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  #130  
Old 04-18-2018, 07:52 PM
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FIRST off there IS a difference between Lawyer and Attorney: Google: difference between the above, answer: "First I will address the difference between a lawyer and an attorney. Practically, these two words mean the same thing, and can be used interchangeably. Both words refer to someone who is trained and licensed to give legal advice. But technically, there appear to be some differences. Jan 12, 2008" . Now let's see how many people will research and learn these 'differences' ". These 'differences' are crucial to learn. Same as in these new days learning the difference between medical care personnel....... There is a Doctor, Family Practitioner, Nurse Practitioner, Registered Nurse, Licensed Practical Nurse etc...... When you THINK your are going to a Doctor more times than not you are seeing one of the lesser. The Doctor only reviews records on a scheduled basis and NEVER sees the patient. Same thing goes on in the legal arena.... Educate yourself, NEVER presume to know... My Mother taught me to be my own Doctor, Lawyer, Accountant, Chef, Housekeeper as well as be my own Teacher. TRUST NO ONE unless I LEARN all about it. Life in this country is NOT about anything with LOVE it is all about steal (thievery) and inflicting as much pain in every avenue---mental, physical and property as can be done.
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  #131  
Old 04-20-2018, 04:38 AM
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My Mother taught me to be my own Doctor, Lawyer, Accountant, Chef, Housekeeper as well as be my own Teacher. TRUST NO ONE unless I LEARN all about it. Life in this country is NOT about anything with LOVE it is all about steal (thievery) and inflicting as much pain in every avenue---mental, physical and property as can be done.
Good post,you are your OWN best friend and in some cases your own worst enemy.To me i learned by myself/naturally to be your own boss and future. Much like prison,life in this country is a power issue everyone wants to control someone phyiscaly or mentally or get over you,best way to avoid it like prison is stand tall and make sure you know who you are and stand up for yourself.
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  #132  
Old 04-20-2018, 08:59 AM
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I hope your PD does a great job for you. I would have been much better served by a PD than I was by my expensive, but lazy, private attorney.
This was also true in my son's case. The PD really understood the politics of the courthouse and told us our son wouldn't get less than 14 years. At the time, we just thought she wouldn't fight for him. 20,000 later, he got 14 years.
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  #133  
Old 11-05-2018, 03:29 PM
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i plead guilty and was sentenced to 14 months in prison, the reason i took the plea was because for starters if i was found guilty at trial i was facing 5-10 years. That scared the crap out of me and with how the court and my attorney handled my case where i am from i was already guilty in their eyes. Forget innocent until proven guilty....its guilty until proven innocent. i should have been granted FOSA sentencing but was not because the prosecuting attorney said no....(its up to to the judge for that sentencing not her) I asked my attorney about the cpa program and he didnt know anything about it, he said its not a thing (my attorney was a former judge) by taking the plea i was able to get out of prison and on the cpa program within 5 months, it shouldnt have taken that long but things were backed up i am lucky that i looked into things myself otherwise i would have been in longer. just because a person pleads guilty doesnt always mean they are guilty, it just means they are afraid of the what ifs at trial
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  #134  
Old 11-05-2018, 06:58 PM
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I guess the cpa program you mentioned is the Community Parenting Alternative, which allows gps monitoring instead of prison. I hadn't heard of it for Washington State prisoners, but it is definitely worthwhile,
https://www.doc.wa.gov/corrections/j...-parenting.htm

The reason I pled guilty was to cut 15 years off of the sentence my federal judge would have imposed, and the knowledge that the juries I have been involved with (not as a defendant) seemed to believe that anyone who the government is that angry with must be guilty.
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  #135  
Old 11-14-2018, 10:27 AM
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I hope your PD does a great job for you. I would have been much better served by a PD than I was by my expensive, but lazy, private attorney.

I was very reasonably served by a PD out of the Cincinnati federal office. What she told me a year-and-a-half out from sentencing is exactly what happened...except for being remanded right there and then. She was as surprised as I was. However, she did her best for me given everything.
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  #136  
Old 12-26-2018, 04:09 PM
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Well I hope I get a fair shot, however I am kinda worried now. The last contact I had with my PD was February 1st 2018. When we spoke I was giving him more info and documents for my case, and during this call he told me that he was no longer going to be my PD, that there was a new judge and he was going to that judge's courtroom. He said he was representing 162 people and it was a lot of work, and that I would get another PD a woman this time. Over the months I have called and left messages that were not returned, trying to get in contact with my PD. So September 31st I called again and this time I was informed that my PD no longer worked there. Imagine my surprise that all these months of trying to call the person that is supposed to representing me, and then find out she no longer works there. I don't even have a PD currently, and the PD office said they would assign me a new PD when one was appointed to me. I'm kinda at wits end with this stuff, I can't afford a lawyer, I am charged with some serious stuff, and it just doesn't seem like I will have decent representation. My family keeps telling me not to worry, but I am looking at 25 years. If I go to court and get convicted this year I will be 65 when I am able to be released, my whole life gone. and the longer it draws out the more worried I become. Nothing is able to fix my paranoia no matter what I have tried. It just seems hopless.....
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  #137  
Old 12-26-2018, 04:56 PM
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Our son plead guilty to a higher charge, than he committed. He wanted to take it to the jury, but prosecuting attorney and his pd who were best buddies??? pd said to take the deal or you are looking at 45 years. Even though there was evidence that the key prosecution witness was lying, on multiple counts. The judge told him he was going to give him 45 years, even asked him when he took the deal, did he understand that he was pleading guilty to a higher crime, than he committed? Yes & instead, he plead to 13 years. I told him his pd didn't want a trial loss on his record. But, we're thankful, it's only 13 years, not 45. 1st time offender.
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  #138  
Old 12-26-2018, 05:41 PM
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You have limited options if you can't hire a private lawyer, My advice is to check with the clerk of the court to see what, if anything, has been docketed (scheduled) for your case. That is when you will need a lawyer, and if the PD Office hasn't assigned one, tell the judge. The same is true if your PD hasn't met with you prior to a hearing or trial, make sure to make the judge aware, on the record, when you feel you are not receiving adequate representation.

Criminal cases are rarely won by the defendant, innocent or guilty, so many folks agree to plead guilty to whatever results in the least amount of punishment. Going to trial and losing often carries a significant "trial penalty" at sentencing time.
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  #139  
Old 12-27-2018, 12:20 PM
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Our son plead guilty to a higher charge, than he committed. He wanted to take it to the jury, but prosecuting attorney and his pd who were best buddies??? pd said to take the deal or you are looking at 45 years. Even though there was evidence that the key prosecution witness was lying, on multiple counts. The judge told him he was going to give him 45 years, even asked him when he took the deal, did he understand that he was pleading guilty to a higher crime, than he committed? Yes & instead, he plead to 13 years. I told him his pd didn't want a trial loss on his record. But, we're thankful, it's only 13 years, not 45. 1st time offender.
That was really difficult I am sure. Hearing stories like yours and looking at similar cases to mine and what has happened makes me believe there is no justice. That the only things the DA's want is just another notch on their belt. Hell when I went for my bond hearing (finally got one 30 days after I was arrested) the alleged victims mother lied her Ass off, and the judge knew it. My PD at the time told that's what the judge said when my bond was being signed. But I was one of the ones who thought it could never happen to me, not in a million years. I have friends and family tell me the system is busted, but have never believed it until now. I'm glad your son got a lighter sentence, but 13 years is still a long time.

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  #140  
Old 12-27-2018, 12:33 PM
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That was really difficult I am sure. Hearing stories like yours and looking at similar cases to mine and what has happened makes me believe there is no justice. That the only things the DA's want is just another notch on their belt. Hell when I went for my bond hearing (finally got one 30 days after I was arrested) the alleged victims mother lied her Ass off, and the judge knew it. My PD at the time told that's what the judge said when my bond was being signed. But I was one of the ones who thought it could never happen to me, not in a million years. I have friends and family tell me the system is busted, but have never believed it until now. I'm glad your son got a lighter sentence, but 13 years is still a long time.
Yes, we believe there is no justice. DA's only want and almost 100% get their notches in their belt. LO desperately wanted to take it to the jury, but was terrified of losing.

13 years & he's got a 3 year old son. Our son is 27. Things he should have thought of instead before getting into this predicament. DA & PD & Judges aren't there for the accused. It's not Innocent until proven guilty--it's GUILTY in any case!

LO had a $500,000. bail. There's no way we could ever come up with that kind of money. We tried a gofundme, that bombed out.

I never in a million years thought this would ever happen to our son.

Hope you get better results, than we did.
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  #141  
Old 12-27-2018, 01:21 PM
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Yes, we believe there is no justice. DA's only want and almost 100% get their notches in their belt. LO desperately wanted to take it to the jury, but was terrified of losing.

13 years & he's got a 3 year old son. Our son is 27. Things he should have thought of instead before getting into this predicament. DA & PD & Judges aren't there for the accused. It's not Innocent until proven guilty--it's GUILTY in any case!

LO had a $500,000. bail. There's no way we could ever come up with that kind of money. We tried a gofundme, that bombed out.

I never in a million years thought this would ever happen to our son.

Hope you get better results, than we did.
I was fortunate that my bond was only $10,000, and I do believe that the alleged victims mother lying in front of the judge helped me secure it. Although I still didn't think I was going to get out because my family is poor. My sister put the $2300 dollars on a credit card. I was arrested after just getting out of the hospital with food poisoning. Held for 30 days before I could get a bond hearing, and when I had my first hearing a week and a half after being arrested they told me I couldn't be released on a signature bond or my own recognisance because of the nature of the charges. I knew right then I was presumed guilty. I have never been in trouble and to think that a lie cost me everything, and it's still not done. I feel really bad most days because my parents are currently supporting me. I have had 1 interview in the year I have been out, where the person interviewing me asked about my arrest. I got the typical we'll be in touch. And I am assuming given my age and the arrest that's the reason I haven't been able to secure a job. This stuff is like a real life horror movie.
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Old 12-27-2018, 01:45 PM
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I was fortunate that my bond was only $10,000, and I do believe that the alleged victims mother lying in front of the judge helped me secure it. Although I still didn't think I was going to get out because my family is poor. My sister put the $2300 dollars on a credit card. I was arrested after just getting out of the hospital with food poisoning. Held for 30 days before I could get a bond hearing, and when I had my first hearing a week and a half after being arrested they told me I couldn't be released on a signature bond or my own recognisance because of the nature of the charges. I knew right then I was presumed guilty. I have never been in trouble and to think that a lie cost me everything, and it's still not done. I feel really bad most days because my parents are currently supporting me. I have had 1 interview in the year I have been out, where the person interviewing me asked about my arrest. I got the typical we'll be in touch. And I am assuming given my age and the arrest that's the reason I haven't been able to secure a job. This stuff is like a real life horror movie.

Kazarian, try reaching out to the NIA advocacy group. They're based in GA & can help you get through this. Their website is https://joinnia.com/ Getting a job is rough. There are some options & ideas to help. I don't know if your charges are still pending or what your status is but my son was able to get a job with pending charges. He got fired after he took a plea deal that made the felony "official". Don't give up, just reach out to people who have been down this road too.
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Old 12-27-2018, 01:57 PM
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I was fortunate that my bond was only $10,000, and I do believe that the alleged victims mother lying in front of the judge helped me secure it. Although I still didn't think I was going to get out because my family is poor. My sister put the $2300 dollars on a credit card. I was arrested after just getting out of the hospital with food poisoning. Held for 30 days before I could get a bond hearing, and when I had my first hearing a week and a half after being arrested they told me I couldn't be released on a signature bond or my own recognizance because of the nature of the charges. I knew right then I was presumed guilty. I have never been in trouble and to think that a lie cost me everything, and it's still not done. I feel really bad most days because my parents are currently supporting me. I have had 1 interview in the year I have been out, where the person interviewing me asked about my arrest. I got the typical we'll be in touch. And I am assuming given my age and the arrest that's the reason I haven't been able to secure a job. This stuff is like a real life horror movie.
I know how you feel, with the system stacked against you. This was son's 1st offense. He had signed papers, to extend the time that his case would come up. He was assigned 3 different pd. The 3rd one was a good lawyer, but he was best buddies with prosecuting attorney. I've wished many times, that the pa or judge would say: "Get out of our state & don't come back!" That would acceptable to us.

Good luck trying to find a job. I know that it will be hard for son also.
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  #144  
Old 12-27-2018, 03:48 PM
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Yes, we believe there is no justice. DA's only want and almost 100% get their notches in their belt. LO desperately wanted to take it to the jury, but was terrified of losing.

13 years & he's got a 3 year old son. Our son is 27. Things he should have thought of instead before getting into this predicament. DA & PD & Judges aren't there for the accused. It's not Innocent until proven guilty--it's GUILTY in any case!

LO had a $500,000. bail. There's no way we could ever come up with that kind of money. We tried a gofundme, that bombed out.

I never in a million years thought this would ever happen to our son.

Hope you get better results, than we did.

My son's case was similar to your son's case. He was looking at 36 years with all of the overcharges. Witness statements were exaggerated and not 100% truthful. My son did break the law and did deserve a sentence, but he could not go to trial because of the 36 years. Plea Bargain was 14 years and 4 months. No one was hurt in the incident, he was a first time offender, no history of violence, he was also drunk. DA had it in for him and would not budge. What else were we supposed to do? He took the deal, but is now very bitter and he can't come to terms with the long sentence because it is unjust. There is something very wrong with a justice system that does not review Plea Bargains. It makes the DA's too powerful and it is exactly why our jails are overcrowded. I'm sorry to hear about your son....it's hell for parents to have to go through this.
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Old 12-27-2018, 04:38 PM
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My Son plead guilty to a crime he did not commit; his defense attorney convinced him that if he went to trial he would be found guilty & given the max sentence. Our family strongly believed that my son should fight and fight hard, plead not guilty & go to trial, after all he is innocent, how could he be found guilty? For that matter, how could he even be arrested for something he didn't even do? No witnesses, no DNA, no actual evidence against him... (I still keep thinking I am going to wake up any minute from this nightmare). We were all so nave, we knew nothing of the system, we were misguided, and we misplaced our trust. After everything was said & done, and after my son was persuaded to plead guilty, we found out that his defense attorney (& his wife) are best friends with some of the big players on 'the other side', and there was a lot of very shady goings on with my Son's lawyer. Conflicts of interest to say the least. Anyway, that is how I realized that sometimes innocent people plead guilty.
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