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Jeepmom said:
I know I'm joining the convo late, is there a thread that has the backstory so it doesn't have to be retold, or can someone give a cliff notes?
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http://couponerswanted.com/showthread.php?t=51357&highlight=addison

http://couponerswanted.com/showthread.php?t=54422&highlight=sigh

Here is the only two I can find...my tolerence of anything right now is very low.

Long story short. My husband is being accused of indecent contact with a Minor. Incident supposedly happened April 16. Was arrested April 30. Bonded out the next day. Our computer was taken to check for child porn, due to the nature of the charges. Computer will be gone for up to a year. Ankle GPS was placed on Pat because the accusing family lived in same apartment complex. Accusing family moves out June 15. July 15 Pat gets ankle bracelet off. Havent seen him smile like that in months. Later that day, PD tells him that he wont fight for Pat. Tells him to take a Plea. Plea means prison for 6-9 months. We are stuck between a rock and a hard place.
 
Jeni, what's the worst case scenario if you fight it? If you lose, what kind of term would he be looking at?

I guess I'm thinking that if he'd have to register with a plea or if he lost, find out ALL your options and what is the worst thing you'd be facing and then decide. Pat can go against the PD and not take the plea. It's his option.

Examine this from every angle before you give up. Don't let your emotions run away with you.
 
Wow, I don't know what to say. I'm sorry for all you are going through. Hugs to you
 
eLiciafay said:
Jeni, what's the worst case scenario if you fight it? If you lose, what kind of term would he be looking at?

I guess I'm thinking that if he'd have to register with a plea or if he lost, find out ALL your options and what is the worst thing you'd be facing and then decide. Pat can go against the PD and not take the plea. It's his option.

Examine this from every angle before you give up. Don't let your emotions run away with you.
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Worst Case Scenario:

4 years in prison
lifetime registry
6300 PER CHARGE(there are 2) in fines
pay back all court costs
pay back all attorney fees
NO APPEAL in jury trial

So 4 years in prison, 20K+ in fines and fees, lifetime registration. Thats pretty bad.

My emotions are just fine, to be honest. I am being extremely real about the whole thing. If we were to get another PD, it would prolong everything and possibly piss off the county attorney and the judge, so he might get the worst case scenario anyway. Several people have said that we need a new PD. And I agree....but I really dont think it will change anything. Pat and I both feel that we should fight this, but at the same time, we know that the noose was hanging from the tree for Pat from the beginning, and that fighting will probably get us no where. There is no right answer here. We dont know what to do and have have no time to decide :(

Oh, and now his PO is saying that the interrogating officer said that Pat contacted A. on Facebook! Which is hilarious, since I removed her from both our friends lists right after the first time he was questioned. They are claiming that he sent her a part to a stove in Cafe World.... Which is funny, really, because since they took our computer tower, we havent played Cafe World in MONTHS....We cannot play it on this computer because this computer is too slow! I told him that I would ask them for a screen shot and a date..cause it didnt happen!!! UGH this is bullshit.
 
jonnysmomma said:
Worst Case Scenario:

4 years in prison
lifetime registry
6300 PER CHARGE(there are 2) in fines
pay back all court costs
pay back all attorney fees
NO APPEAL in jury trial

So 4 years in prison, 20K+ in fines and fees, lifetime registration. Thats pretty bad.

My emotions are just fine, to be honest. I am being extremely real about the whole thing. If we were to get another PD, it would prolong everything and possibly piss off the county attorney and the judge, so he might get the worst case scenario anyway. Several people have said that we need a new PD. And I agree....but I really dont think it will change anything. Pat and I both feel that we should fight this, but at the same time, we know that the noose was hanging from the tree for Pat from the beginning, and that fighting will probably get us no where. There is no right answer here. We dont know what to do and have have no time to decide :(

Oh, and now his PO is saying that the interrogating officer said that Pat contacted A. on Facebook! Which is hilarious, since I removed her from both our friends lists right after the first time he was questioned. They are claiming that he sent her a part to a stove in Cafe World.... Which is funny, really, because since they took our computer tower, we havent played Cafe World in MONTHS....We cannot play it on this computer because this computer is too slow! I told him that I would ask them for a screen shot and a date..cause it didnt happen!!! UGH this is bullshit.
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They would have had to have been friends for him to send her a stove part, and I'm pretty sure she would have had to have asked for it (it's hard to remember because they've changed things a few times), which would mean that SHE contacted HIM. You should definitely try to get some kind of proof.
 
NoHio said:
They would have had to have been friends for him to send her a stove part, and I'm pretty sure she would have had to have asked for it (it's hard to remember because they've changed things a few times), which would mean that SHE contacted HIM. You should definitely try to get some kind of proof.
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I know this, thats my point. If she wasnt on his friends list, and he cannot play Cafe World, then how in the hell did she supposedly get a stove part from him? He did send her cafe world stuff BEFORE all this happened....and I sure as hell hope they arent gonna try and nail him for something that happened BEFORE all this happened!!!
 
I thought worst case scenario before was 6-9 months in jail. Are there additional charges since then?

BTW, the PD can easily get the interrogation video. That's what the discovery process is all about. Notice of Discovery and Inspection - it demands all that kind of crap from the other side. That's like step 1.

Is your DH trying to not make you aware of all the things going on? Seems odd that he didn't bring you into the PD room where they are hashing out everything. Does he not want you to know some stuff? Not saying he is guilty, but I would think he'd want you in there for emotional support, no?
 
She cannot be in there if he wants to retain attorney client privilege. As soon as there is a third person, anything he says to his attorney is open to the discovery process, IIRC.
 
Fun Ni Day said:
She cannot be in there if he wants to retain attorney client privilege. As soon as there is a third person, anything he says to his attorney is open to the discovery process, IIRC.
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Wouldn't spousal privilege cover that?

(everything I know about the law I learned from Law & Order)
 
Tazznum1 said:
I thought worst case scenario before was 6-9 months in jail. Are there additional charges since then?

BTW, the PD can easily get the interrogation video. That's what the discovery process is all about. Notice of Discovery and Inspection - it demands all that kind of crap from the other side. That's like step 1.

Is your DH trying to not make you aware of all the things going on? Seems odd that he didn't bring you into the PD room where they are hashing out everything. Does he not want you to know some stuff? Not saying he is guilty, but I would think he'd want you in there for emotional support, no?
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No, that was a tenative plea bargain, Tazzy.

As far as keeping me from things, um NO. The PD is the one who kicked me out of the room every time...I am not the defendant. Just because I am his spouse, doesnt mean I can be there. Pat asked several times for me to be able to stay, and I asked several times and the answer was no, I am not the defendant. Every state might be different on if that is allowed or not.

Pat just called me and told me that his PD just called him, and he had just talked to the county atty about ANOTHER possible plea. Drop one charge, have an "open sentence" (Tazzy can you explain that please?) and he would have to serve about 6 months in prison, no suspended sentence would be offered. He would have to register, but length would be up to the judge. I told him that I want to tell the PD that we still want to view the videotape...and Pat spazzed a little and said that the PD will think that we want to go to trial. I said, we have the right to see the tape and not go to trial. I said I would ask if we could go thru the proper channels to see the tape even with him accepting the plea. I would never try to damage a plea.
 
spousal IMMUNITY means that a spouse cannot be FORCED/coerced into testifying against the spouse. It does not change the loss of attorney-client privilege, I believe. If there is any other person around when the client speaks to the attorney, the conversation can not be protected under the attorney-client privilege. I have been wrong a few times - and laws do change, but I believe that is what it is.

I found this - see #3

Elements of the Attorney-Client Privilege
Because the attorney-client privilege often prevents disclosure of information that would be relevant to a legal proceeding, courts are cautious when examining objections grounded in the privilege. Most courts generally require that certain elements be demonstrated before finding that the privilege applies. Although the elements vary from JURISDICTION

to jurisdiction, one often cited recitation of the elements was articulated in U.S. v. United Shoe Machinery Corp., 89 F.Supp. 357 (D.Mass. 1950), where the court enumerated the following five-part test: (1) the person asserting the privilege must be a client or someone attempting to establish a relationship as a client; (2) the person with whom the client communicated must be an attorney and acting in the capacity as an attorney at the time of the communication;
(3) the communication must be between the attorney and client exclusively; (4) the communication must be for the purpose of securing a legal opinion, legal services, or assistance in some legal proceeding, and not for the purpose of committing a crime or FRAUD; and (5) the privilege may be claimed or waived by the client only.

http://www.enotes.com/everyday-law-encyclopedia/attorney-client-privilege​
 
Open sentence - up to the judge to decide how much you are looking at, at the time of sentencing. Basically if he's pissy - max, if nobody peed in his cheerios - minimum.


And I don't know your local laws, but as a spouse you could be in there without worry.
 
Fun Ni Day said:
spousal IMMUNITY means that a spouse cannot be FORCED/coerced into testifying against the spouse. It does not change the loss of attorney-client privilege, I believe. If there is any other person around when the client speaks to the attorney, the conversation can not be protected under the attorney-client privilege. I have been wrong a few times - and laws do change, but I believe that is what it is.

I found this - see #3
Elements of the Attorney-Client Privilege
Because the attorney-client privilege often prevents disclosure of information that would be relevant to a legal proceeding, courts are cautious when examining objections grounded in the privilege. Most courts generally require that certain elements be demonstrated before finding that the privilege applies. Although the elements vary from JURISDICTION

to jurisdiction, one often cited recitation of the elements was articulated in U.S. v. United Shoe Machinery Corp., 89 F.Supp. 357 (D.Mass. 1950), where the court enumerated the following five-part test: (1) the person asserting the privilege must be a client or someone attempting to establish a relationship as a client; (2) the person with whom the client communicated must be an attorney and acting in the capacity as an attorney at the time of the communication;
(3) the communication must be between the attorney and client exclusively; (4) the communication must be for the purpose of securing a legal opinion, legal services, or assistance in some legal proceeding, and not for the purpose of committing a crime or FRAUD; and (5) the privilege may be claimed or waived by the client only.

http://www.enotes.com/everyday-law-encyclopedia/attorney-client-privilege​
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This is what the PD told us.
 
Fun Ni Day said:
spousal IMMUNITY means that a spouse cannot be FORCED/coerced into testifying against the spouse. It does not change the loss of attorney-client privilege, I believe. If there is any other person around when the client speaks to the attorney, the conversation can not be protected under the attorney-client privilege. I have been wrong a few times - and laws do change, but I believe that is what it is.

I found this - see #3
Elements of the Attorney-Client Privilege
Because the attorney-client privilege often prevents disclosure of information that would be relevant to a legal proceeding, courts are cautious when examining objections grounded in the privilege. Most courts generally require that certain elements be demonstrated before finding that the privilege applies. Although the elements vary from JURISDICTION

to jurisdiction, one often cited recitation of the elements was articulated in U.S. v. United Shoe Machinery Corp., 89 F.Supp. 357 (D.Mass. 1950), where the court enumerated the following five-part test: (1) the person asserting the privilege must be a client or someone attempting to establish a relationship as a client; (2) the person with whom the client communicated must be an attorney and acting in the capacity as an attorney at the time of the communication;
(3) the communication must be between the attorney and client exclusively; (4) the communication must be for the purpose of securing a legal opinion, legal services, or assistance in some legal proceeding, and not for the purpose of committing a crime or FRAUD; and (5) the privilege may be claimed or waived by the client only.

http://www.enotes.com/everyday-law-encyclopedia/attorney-client-privilege​
Click to expand...


Yep, her DH can elect at anytime to waive it. It's not mandatory or up to the PD to lock you out of the meetings. You cannot be forced to testify against him with that info.
 
Sorry for everything you are going through. You and your family are in our prayers.
 
Wow! Why would he agree to that? Especially if you think they wanted his **** on a platter since day 1? Judge can say 6 years for one charge and another 5 years on the other charge and not run them concurrently.
 
Tazznum1 said:
Wow! Why would he agree to that? Especially if you think they wanted his **** on a platter since day 1? Judge can say 6 years for one charge and another 5 years on the other charge and not run them concurrently.
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He hasnt agreed to anything, Tazzy. The max per charge(as they are aggravated misdemeanors, not felonies) is 2 years in prison. The lawyer said that they(meaning the PD and the Co atty) tenatively set up dropping one charge, not being able to bring up ANYTHING ELSE, serving around 6 months in prison but having it be an open plea. This is what eHow.com said about open pleas...


  1. The Facts
  2. At an initial court appearance, persons accused of a crime enter a plea of guilty, not guilty or no contest. Guilty pleas typically are made after plea bargaining. An open plea is a non-conditional acknowledgment of guilt.Function
  3. Like all guilty pleas, open pleas save courts the time and expense of putting on a trial.Features
  4. With an open plea there is no expectation of receiving anything less than the maximum sentence.Significance
  5. Making an open plea is literally throwing oneself on the "mercy of the court" and may result in the maximum penalty being imposed.Considerations
  6. In circumstances where no plea agreement is offered and the evidence is so solid that there is little hope of gaining acquittal, an open plea might be used in hopes of receiving some consideration from the judge for sparing the court the time and expense of a trial.

So he could get the full 2 years SENTENCED for the one charge, but with good behavior could get out in less than a year(PD said specifically 6ish months)?
​
 
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