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Anonymous #1
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Questions regarding my court hearing
#12976877 - 07/30/10 01:34 PM (13 years, 9 months ago) |
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A few days ago I had a court hearing for an offense when I was 16, where I was charged with Drug Paraphernalia and Criminal Trespassing 2.
When I was 16, like a real idiot, I didn't go to the court date. Later when I was 18, my uncle brought me into the court for the warrant, so that he could get his money back ($600), because he originally signed to get me out, me being a minor then. The judge sentenced me to 2 years of supervised probation for the the 2 charges, and for skipping out. As an adult for all charges, supposedly.
I skipped out again on that.
Fast forward 5 years, a cop runs my ID not long ago, brought me in on the warrant, and I spent a night in jail and got bonded out.
What I've wrote is all of my "criminal history" in it's entirety.
I went to my court hearing a few days ago, and this is what happened:
I walked into the court room, sat on the bench and before the judge called me up, a man walked over to me and said "I can recommend to the judge that you spend a weekend in jail, if you plead guilty to the charges. The judge may or may not go for it, and you could possibly spend 6 months in jail, what do you want to do?"
I didn't know who this guy was, but I guess now that he's the DA I told him, the offer sounds good, but I will need to seek advice/counsel from a public defender. I asked if this offer would still be there, if I got the public defender first. He said I'd have more options with the public defender (he didn't exactly answer my question). I also have a job interviiiieeew Monday morning, so I figured I didn't want to fuck that up either, but that wasn't my main concern.
So the judge said ok, you have 5 weeks until the next hearing, get yourself a PD in the meantime. He said something like "You can probably plead guilty as a delinquent to the 2 charges." I don't really know what to make of it all.
This being my first case, I felt that talking to a PD is a safe bet. What do you think, was it stupid of me to not to take the DA's recommendation (even if I did know he was the DA) of a weekend in jail? I didn't really trust the guy, go figure! Could I have fucked up my chances of just a slap on the wrist?
Thank you shroomerites, if you read this and have any advice If you need more specifics, shoot.
BTW, I never know Paraphernalia was spelled this way. I always thought it was Paraphenalia...
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fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
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Re: Questions regarding my court hearing [Re: Anonymous #1]
#12977018 - 07/30/10 02:10 PM (13 years, 9 months ago) |
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> Could I have fucked up my chances of just a slap on the wrist?
No. ALWAYS plead not guilty at arraignment. ALWAYS get a PD if you can.
Your charges are laughably minor. Failure to appear is usually pretty minor too, as long as you eventually show up and don't keep skipping out.
I'd tell them you left the state to get employment, or other similar semi-good excuse.
2 days in jail is a pretty good deal. If they count time served you've already done one of them. Often they'll slam you in jail until court for multiple FTAs, so you got lucky and they obviously don't consider the charges the least bit serious.
Get your PD and work out a deal. Take any time straight up rather than probation, it almost always works out better that way. A week in jail is better than 6 months on probation.
I'm guessing you pled guilty to the original charges. If you didn't now would be a good time to appeal your conviction if you still can.
Whatever deal you get offered is what you'll have to take. I don't see any way you can fight a probation violation/FTA. It's pretty cut and dried.
Get what deal you can. The prosecutor will recommend it to the judge, at that point you can always ask for even more leniency from the judge. Likely you'll get what the prosecutor recommends, but I've slipped a few better deals in right at the end before.
Good luck, keep us posted.
-FF
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Anonymous #1
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Re: Questions regarding my court hearing [Re: fastfred]
#12977154 - 07/30/10 02:37 PM (13 years, 9 months ago) |
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PHEW, alright, thank you muchly! I did plead guilty to the charges back then.
They are laughably minor, but thank goodness they didn't slap me with posession because that means no federal school loans!
I thought failure to appear is a felony, but a 2 day sentence seems too minor for a felony, we shall see.
I agree about a little jail time being better than a lot of probation. I will update this thread in time.
It'll work out alright I bet Thanks again.
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Anonymous #2
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Re: Questions regarding my court hearing [Re: Anonymous #1]
#12977360 - 07/30/10 03:17 PM (13 years, 9 months ago) |
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I can only guess but I am guessing, court probation and a fine. Worst case supervised probation and a fine. I can't see them giving you any time in jail as it looks like the trespass 2 charge is just another misdemeanor. Shoot for court probation(non supervised) and a fine. You where a minor at the time. If you have job interviews lined up let the court know. Some dumb stuff like that from the past, if you are trying to do good they will let it slide. Say sir, sorry, and apologize every chance you get and tell em you jobs lined up.
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Anonymous #1
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Re: Questions regarding my court hearing [Re: Anonymous #2]
#12977406 - 07/30/10 03:30 PM (13 years, 9 months ago) |
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Thanks for you input #2 
I didn't really have a chance to say much to the judge, maybe next time, I'll have to see what my PD says about that. I did tell the judge about my job interview. The D.A. made an offer of jail-time, 2 days. So jail time is obviously 1 option they're giving. They don't give unsupervised probation in that court, I found out from watching a girls case the same day.
I really just wanted some insight as to if I fucked up by not taking the weekend of jail offer, but I went with my instincts to get a PD, and it seems like it'll work out O.K.
I'd rather spend a weekend or week in jail, than 6 months to 2 years of probation, any day. A month or more in jail though, no way.
fastfred, do you think I'll get the same D.A. and judge as I did the other day, at my next court date?
I AM SUCH A CRIMINAL
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Anonymous #1
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Re: Questions regarding my court hearing [Re: Anonymous #1]
#12977766 - 07/30/10 04:58 PM (13 years, 9 months ago) |
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A couple more questions.
My friend posted my bond or bail, paying it directly to the jail or court. From what I've read, he can't get it back until I'm convicted or acquitted, is that right?
I also read that if convicted the money or part of it gets put toward court costs. Can anyone shed some light here?
That's about all the questions I have, thanks!
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fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
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Re: Questions regarding my court hearing [Re: Anonymous #1]
#12978196 - 07/30/10 06:50 PM (13 years, 9 months ago) |
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> fastfred, do you think I'll get the same D.A. and judge as I did the other day, at my next court date?
Yes, that's more or less guaranteed unless you're in a big city and got a night court judge or something like that.
> he can't get it back until I'm convicted or acquitted, is that right?
Yep. Soon as your case is finished he can get it back. Some places are real bastards and try to take your fines out of it though. Not sure about the legal options if they try that.
> I also read that if convicted the money or part of it gets put toward court costs
It's possible. I'm not clear on how this is supposed to work or what your rights are, or if it varies by state (likely). One time they jailed me for not paying fines (bastard fucks). Anyways they set my bail at what my fines were + some other fines I had in another nearby county. They just took the money and turned me loose.
When they were setting bail they had the nerve to ask my why I didn't pay the fines. I told them I didn't have the money. The judge told me that I'd probably find the money pretty quick even sitting in jail.
-FF
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Anonymous #1
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Re: Questions regarding my court hearing [Re: fastfred]
#13073837 - 08/19/10 01:49 PM (13 years, 8 months ago) |
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Well, it's taken care of. The PD I got was chill, and recommended that they just fine me, and that was that. No jail, no probation, and no record. Just $200, which is fine by me.
This has hung over my head for a long time, and now I can start feeling relieved.
Thanks for your help fastfred, and others!
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