Announcement

Collapse
No announcement yet.

Manipulated by Prosecutor, is there any hope?

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Manipulated by Prosecutor, is there any hope?

    My husband was sentenced to 30 months on 07/15/2013 for 2 charges dating back to 10/2011, failure to stop for blue lights 1st offense and 02/2012, assault and battery 2nd degree.

    My husband was facing numerous charges which included:

    Date of Offense: 08/2011 - General Session

    Failure to Stop on Lawful Command
    &
    DUS


    Date of Offense: 11/2011 - General Sessions

    Disorderly Conduct
    Assault on an Officer While Resisting Arrest


    Date of Offense: 02/2012 - General Sessions

    Assault and Battery 2nd degree

    Date of Offense: 06/2013 - General Sessions - Pending

    CDNHAN
    &
    Kidnapping


    Okay, I know this is a lot of charges, however, my husband is by no means guilty of all of these charges. I am not saying that because he is my husband, I say this because I know what a doubt he is not guilty of all of them.

    On June 15, 2013 my husband assaulted me along with another female who is staying in our home. She brought on the assault by lying to my husband and making him believe I was having an affair. She did not hit me but she actively participated and she is charged with Kidnapping. She even seduced him and performed oral sex on him after the incident knowing I could see and hear them. On June 16, 2013 upon waking up I went to the bathroom and when I was reentering my bedroom, I passed through the living room, which is where she was sleeping. As I passed her she looked at me with a smile and smiling gloating eyes. This made me very upset and angry and I rushed out of the house. My husband came out the front door and asked what I was doing. I told him I was calling the police because she was going to go to jail. We argued and I walked back and forth multiple times. After about 45 mins I walked down the street to a gas station and called police. The police arrived with an ambulance and I allowed myself to be taken in by them. I starting talking and talking and I was exaggerating because I was so angry. I did not suffer any serious injuries. I was bruised basically from head to toe and my hands were severely swollen, however they had been slightly swollen before this due to a bad fall I had 11 days earlier that split my lip and in March I severed the tendons in my finger and am still undergoing Physical Therapy. The police immediately put a warrant out for my husband for CDVHAN and Kidnapping and a Kidnapping warrant out for the female. They hide for the law for almost a week, on Thurs. 07/20/2013 my husband and I went out of town and got a hotel room the following day I dropped him off and he turned himself in. When he went in front of the judge the next day he was denied bond and a no contact order was put in place.

    On Wed 07/10/2013 I received a call from his public defender stating that my husband wanted her to call me to let me know that the prosecutor was wanting him to make a plea bargain. The plea bargain was he pleads guilty to:

    1) Failure to Stop for Blue Lights
    2) Assault and Battery 2nd degree
    3) Assault of an Officer While Resisting Arrest

    and they would dismiss:

    1) DUS
    2) Disorderly Conduct


    and the sentence was 30 months, which both the Prosecutor and the Public Defender stated he would only do half of that.

    We tried to get the Kidnapping and CDVHAN put in the equation, requesting the kidnapping be dismissed and the CDVHAN be reduced to CDV 1st. The Prosecution denied this on Friday, July 12, 2013.

    He had previously requested jury trials for everything and we know he could of won all of them except maybe Assault and Battery 2nd degree, since I was the victim and he was guilty of it and it would have been hard to fight.

    However, on Friday July 12, 2013 I went to the Prosecutor's office and spoke with her in regards to the situation and the purposed plea bargain. She stated she had refused his counter offer and her deal was the only deal. She said that the CDVHAN and Kidnapping charges had just come across her desk and she could not include them in the deal. I had already signed my waiver stating I wanted the charges dismissed. She told me that she would dismiss the kidnapping and the CDVHAN would be reduced to CDV 1st. When I asked her about the No Contact Order being lifted, one of our my goals. My husband had put in his counter, as well as making sure I would be able to visit him. The prosecutor said she could not recommend lifting the No Contact Order but she would not fight it and that I needed to make sure I was in court to tell the judge I want it lifted and he would.

    Later on in the day on Friday 07/12/2013, my husband's public defender called me and stated that Fred had refused to take the deal because they would not put in the CDVHAN and kidnapping. I told her what the Solicitor told me and she said that the solicitor had just called her and told her the same thing and that my husband had until 5 pm that day (it was already 3 pm) to agree or everything was off. I explained that my husband was not pleading guilty to the Assault on an Officer While Resisting Arrest charge because he had the right to do what he did. He was illegally arrested, as was his sister, and me (I also had excessive force used against me, I believe in an attempt to invoke my husband's.) I said that for me to tell him to take the plea that would have to either be dismissed or put on hold and not included at all. The public defender went to the solicitor and they agreed on that. The public defender explained that the CDVHAN would be reduced to CDV 1st and the kidnapping would be dismissed altogether and should be done by the end of Aug. She also stated that the No Contact Order would be lifted as long as we went in front of the judge and I specifically requested it and that I would be allowed to visit my husband in prison.

    I agreed on the plea because he was guilty of assault and battery 2nd and 1 1/2 years wasn't that bad. We just wanted to be able to talk and see each other and have the CDVHAN, which carries a minimum of 1 year and maximum of 10 reduced to CDV 1st, which is 30 days (he had been in the country for 25 days when he went to court the following Monday) and we were ready to get all of this behind us, move, and start over in another town.

    However, for the past month the public defender and the solicitor have been ignoring my calls and messages. Finally, today after going to the solicitor's office 3 times in a week and numerous phone calls she returned my call. However, she stated that she is going to proceed with the case since his co-defendant was going to testify against him. She then begin telling me to just move on and find someone else and that I should not love him because he is not a good person. I told her everyone is entitled to their opinion but she does not know him personally and I love him. I everything was because of the defendant but they were letting her off with nothing and she is a manipulator, that is why we are in this position to begin with. I explained to the solicitor what she had told me when she wanted him to plea and why I got him to do it, which she already knew.

    I explained to her that I feel that I have been manipulated by her and I am being victimized because she has no concern over what I want and need and what is really in my best interest, which is to be with my husband. She tried to get me to say that he never put his hands on me and I told her I feel that she is trying to still manipulate and trap me. She told me "he is in prison just find someone else."

    How can she tell me who to be with? How can be force me to separate from my husband when I do not want to?

    I believe that they trapped my husband into taking the plea bargain and that is essentially why they denied his bond and restricted our communication. I feel we were both manipulated and now they have got him right where they want him and will give him more time and now he will have 2 felonies. This is not why we agreed to the plea bargain.

    Can I appeal or withdraw his plea bargain. I say I because he has no clue what is going on. He is in prison and he cannot contact me and I cannot even speak to his family to get the message to him. He is screwed and this was the plan of the state, the solicitor, along. I feel that he was 1st off denied a speedy trail, especially in the instance of the Failure to Stop for Blue Lights, he was denied adequate representation because his public defender was not trying to prove him not guilty she was trying to get him to just take the plea deal. She had not even gathered one shred of evidence to help my husband, which she could have. After all it was my car that had been stolen that is why they assumes he was the one who did it. He was put in a situation where he could not really think this over and was rushed. He was also denied the ability to talk to me, which I am better at understanding all the legal stuff - book smarts and he is street smarts. Plus I am white and he is black. Also at the court hearing when he agreed to the plea bargain his public defender did not even mention getting the no contact order lifted, he did. The judge denied it saying that he did not know anything about that case and he could not make a decision on it. He has been in jail for over 2 months and we cannot talk this causing me "the victim" more distress than anything. I would never ever have called the police had I known all this.

    Is there anything I can do?

    Please help, I am desperate to see and talk to my husband and I feel violated by the state.

    Any help would be greatly appreciated.

  • #2
    Can you cut that down and just hit the highlights? This board is staffed by volunteered abd that is so much info.
    You'll be more likely to get responses.
    I find that the harder I work, the more luck I seem to have.
    Thomas Jefferson

    Comment


    • #3
      Prosecutors are quite accustomed to victims of domestic violence recanting their stories and/or trying to get the charges dismissed. However, the fact of the crime doesn't go away because the victim doesn't want the abuser prosecuted. He has still committed a crime for which he is answerable to the law. It's not up to you whether he is prosecuted or not - it's up to the state.

      Your husband's lawyer is not answerable to you, only to your husband.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

      Comment


      • #4
        He had a public defender representing him. It seems he/you were not satisfied with her. He could have asked for a new public defender but he would have needed a really good reason for a new one to be assigned.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          Originally posted by cbg View Post
          Prosecutors are quite accustomed to victims of domestic violence recanting their stories and/or trying to get the charges dismissed. However, the fact of the crime doesn't go away because the victim doesn't want the abuser prosecuted. He has still committed a crime for which he is answerable to the law. It's not up to you whether he is prosecuted or not - it's up to the state.

          Your husband's lawyer is not answerable to you, only to your husband.

          I understand that my husband's lawyer is not answerable to me, however, he is helpless at this time, being he is in prison. We both know that he is guilty of what happened on 06/15/2013 and he is accepting that. However, he was promised one thing while under distress and now they are changing what we were told which is the only reason he took the plea bargain. I am not recanting my story it just did not happen the way I said, at least not all of it.

          Believe me I know that a victim has no rights. As long as the police get her to make one sentence statement that is all it takes and what she wants and what matters to her or him no longer matters or is a concern to anyone. As long as the prosecutor can get a conviction that is all that matters. This is not a free country when my right to chose who I want to be with is stripped from me. Victims are only good for sending someone to jail, after that they are nonexistent and are invisible from that point on.

          Thank you for your reply.

          Comment


          • #6
            Originally posted by Betty3 View Post
            He had a public defender representing him. It seems he/you were not satisfied with her. He could have asked for a new public defender but he would have needed a really good reason for a new one to be assigned.
            He was given 2 hours to make a decision, bail had been denied, and a no contact order put in place so he could not talk to me. He was made promises that now that they got him in prison mean nothing.

            I am not a lawyer but I am a Human Service worker, and I know all about domestic violence and the cycle and the battered woman's syndrome but I know that when holding a position where you are dealing with people's lives you have an extra responsibility to them and they trust in you. However, during this entire process my trust in all law enforcement officials has greatly declined. I should matter but I do not. I am being victimized by the state and there is nothing U can do about that.

            Thank you for your reply.

            Comment


            • #7
              If you're that familiar with the system then you should know that (1) NO ONE has a right to commit violence against another person no matter what the provocation (2) the arrest does not appear to have been illegal and (3) the public defender is not the last word as to what the deal with be or what the prosecution/judge will agree to.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

              Comment


              • #8
                I don't believe there is anything more we can tell you.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment


                • #9
                  Originally posted by cbg View Post
                  If you're that familiar with the system then you should know that (1) NO ONE has a right to commit violence against another person no matter what the provocation (2) the arrest does not appear to have been illegal and (3) the public defender is not the last word as to what the deal with be or what the prosecution/judge will agree to.
                  Thank you but the public defender only verified what the solicitor told me. The Solicitor never met with my husband all the talking was through the public defender.

                  I am not saying it is okay for him to do what he did. I am saying that how can the solicitor purposefully lie and manipulate mu husband and myself. How is this ethical or legal. It just seems to be that the legal system and law enforcement are always above the law. They can do anything they want to do that hurts someone with any consequences. They can lie, manipulate, use coercion, and deprivation to get what they want. This is not about what is best for me this is what is best for winning cases and for the betterment of their career.

                  I am saying that my option to what the outcome is should be considered. I also think that is should be illegal for the state to be able to decide who you are with. I are basically trying to force me and my husband to get a divorce, which will not happen. They are causing undo distress to me the "victim". I am now being victimized by the state and no one cares about that because it is under the name of the law. HA! Courts in this country have no respect for Constitutional Rights and they violate them on a daily basis but no one holds them responsible.

                  Comment


                  • #10
                    Alrighty then.
                    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                    Comment


                    • #11
                      The PD can make all the deals he wants to. It is up to THE JUDGE what happens.

                      Re read your story as if coming from someone else. What advice would you give them?

                      I would tell them to RUN!
                      Last edited by GotSmart; 09-13-2013, 11:25 AM.

                      Comment


                      • #12
                        Prosecutors manipulate. Anyone who watches TV should know this. They are even allowed to blatantly lie to you. It's part of their job. That said, the only way to change what happened in court is for your husband to appeal, and he needs a lawyer and a really good LEGAL reason to appeal, and being lied to by the prosecutor isn't it, under most circumstances. I suggest you use this time off to get it together and learn some better coping skills - threatening people, blaming a woman for having sex with your husband when he wasn't man enough to not agree, lack of emotional control and lack of values and boundaries are what led to this mess. A Dr. Phil book might be in order. I'm not making fun of you, but this is way too much drama, and you need to learn how to handle life better.
                        I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

                        Comment


                        • #13
                          Can you elaborate on this?

                          I believe that they trapped my husband into taking the plea bargain and that is essentially why they denied his bond and restricted our communication. I feel we were both manipulated and now they have got him right where they want him and will give him more time and now he will have 2 felonies. This is not why we agreed to the plea bargain.
                          This was, by analogy, your intended goal and outcome, in this alternative; I presume.

                          A plea bargain allows both parties to avoid a lengthy criminal trial and may allow criminal defendants to avoid the risk of conviction at trial on a more serious charge. For example, in the U.S. legal system, a criminal defendant charged with a felony theft charge, the conviction of which would require imprisonment in state prison, may be offered the opportunity to plead guilty to a misdemeanor theft charge, which may not carry a custodial sentence.

                          ...

                          In charge bargaining, defendants plead guilty to a less serious crime than the original charge. In count bargaining, they plead guilty to a subset of multiple original charges. In sentence bargaining, they plead guilty agreeing in advance what sentence will be given; however, this sentence can still be denied by the judge. In fact bargaining, defendants plead guilty but the prosecutor agrees to stipulate (i.e., to affirm or concede) certain facts that will affect how the defendant is punished under the sentencing guidelines.
                          ....
                          Source: http://en.wikipedia.org/wiki/Plea_bargain
                          Are you claiming that plea bargain resulted in worse charges rather than more lenient charges?
                          Disclaimer: I am not a lawyer or qualified to practice law in any state. I only argue legal theory and politics, from an economics perspective.

                          Comment


                          • #14
                            Originally posted by Alice Dodd View Post
                            Prosecutors manipulate. Anyone who watches TV should know this. They are even allowed to blatantly lie to you. It's part of their job. That said, the only way to change what happened in court is for your husband to appeal, and he needs a lawyer and a really good LEGAL reason to appeal, and being lied to by the prosecutor isn't it, under most circumstances. I suggest you use this time off to get it together and learn some better coping skills - threatening people, blaming a woman for having sex with your husband when he wasn't man enough to not agree, lack of emotional control and lack of values and boundaries are what led to this mess. A Dr. Phil book might be in order. I'm not making fun of you, but this is way too much drama, and you need to learn how to handle life better.
                            Not many people know that, even if they watched Perry Mason when they were younger. I sometimes, "harass" prosecutors by calling them "public offenders" who manufacture legal forms of fiction to "see what sticks". Is it any wonder some on the left are learning to identify fallacies, more seriously than before.
                            Disclaimer: I am not a lawyer or qualified to practice law in any state. I only argue legal theory and politics, from an economics perspective.

                            Comment


                            • #15
                              Daniel, you've been told before - don't necropost
                              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                              Comment

                              Working...
                              X