Notice to new members intending to register - from January 9th 2012

BryanLee43812 · #1 09-21-2005, 09:08 AM

Hello all...

This is my first post...and let me say that right now...I am scared to death.

I am gay, and I am facing possible jail time. Right now no charges have been filed...we have been trying to settle this BEFORE any charges are filed...however..the cops are not being very cooperative.

They are trying to get me on Grand Larceny and Forgery Charges, for apparently using my client's funds to purchase $320 worth of things for myself, since they can't find some items at their home. My client's are mentally challenged...which turns these misdemeanors into felonies.

I have no prior record, but the lawyer told me that the worse case scenario would be 4 years in jail.... So, now I am paniced. Thinking that I will lose my house, car, and everything if I get sent away for 4 years. Not to mention the guy I am dating...I know he would not stick by me through all of this...but right now...he is the least of my worries.

Can anyone tell me what jail is like? And what to expect...and ease my mind at all??

You can leave messages here..or you can email me personally.

Thank you so much for listening...and I pray that someone will speak up and talk to me.

Hugs,
Bryan

BryanLee43812 · #2 09-21-2005, 10:04 AM

I'm back...I had to cut my last post a little short, but I do have alot of questions about what to expect in the event I do have to go to prison.

I guess the big questions are:

What happens to all of my bills while I am in jail? How do you pay them with no job?

What happens to my car and house?

Can you make phone calls and use the internet while in jail?

Are you allowed pens and paper to write letters?

What do you do all day? Do they let you out of your cell?

Maybe these questions all seem silly...but for someone who has never seen the inside of a real jail..I think that they seem fairly vaild.

If there is anyone out there who can talk and walk me through this...I would be most greatful!

Thanks again,
Bryan

BryanLee43812 · #3 09-21-2005, 02:43 PM

Goodness...19 people have checked out this thread...but no one has respnded on here too it...

Don't worry guys...I won't bite...(at least not that hard).

Feel free to say hi,
Bry

shadowjack69 · #4 09-21-2005, 02:59 PM

Greetings...I am a NC correctional officer....I will attempt to reply to some of your
questions...
1. let you out of your cell....in Jail it depends on the jail...in my county...not much...if you are in prison....you only HAVE to be in your cell at count time and at night....
2. What do they do all day....in Jail...most of the time..nothing sit and wait...
in Prison...if you have a job...you do your job...otherwise there is TV, library(sp)..
Basketball...yard...weights...etc....
yes you can have pens/pencils and paper....
your bills....unless you have family to help you....like take over your house and
rent it out for you....or pay your car off for you...etc...you could have some
problems.....No internet...but you can make collect phone calls....
hope this helps some....

trick · #5 09-21-2005, 05:33 PM

Hi Bryan,

Right now you need to keep your fears from getting the best of you. Keep your wits about you. Think rationally, be kewl headed. I know, that is much easier said than done when the person tell you that isn't the one on the "hot seat." But you have to maintain elsewise you might risk following ill-advised advice, doing something stupid, yada, yada.

One of the things you have to do is check out the background, quality, experience, cases won/lost of any attorney you hire. If you have friends that might know about this or that attorney, ask their opinion. The more you check out the attorney before plunking down cash, the better chance for quality representation before the police and the court. And for gawd's sake, if you can afford an attorney and get a PD and you are not satisfied with his representation of you make your desires know to the court to have him replaced. You can read many postings on these forums about lousy defense attorneys, including both private and PD.

I would also suggest, although this may be too late, to always, without fail, have your attorney present when the authorities request an interview, statement, etc. Don't let them pull the good cop-bad cop routine on you. You have the right not to incriminate yourself.

Be upfront with the attorney you finally select. If you are guilty -- tell him so -- and likewise if you are not. On armed with that knowledge can a good attorney proceed to offer you the best defense possible. If you are not guilty -- do not go the plea bargain route. Force the state to put it cards on the table. Remember, so-called promises made outside of a written plea agreement are not binding on the court and/or the prosecutor.

If the law enforcement authorities are aware of your sexual orientation that could be one reason, as you put it, of the cops "...not being very cooperative..." If you suspect the investigation is prejudicial because you are gay, relay that information to your attorney. If it is the case, you may also wish to replay that information to your local human rights organizations such as the ACLU, et al.

As for the BF, geesh! If he can't stand beside you and back you,.....well you get the picture.

Best Wishes,
Lee

trick · #6 09-21-2005, 05:39 PM

Whoa! Slow down Brian! You're not off to the slammer just yet. The NC corrections officer answered most of your questions.

Chill luv! Be positive as possible!

Quote:

Originally Posted by BryanLee43812

I'm back...I had to cut my last post a little short, but I do have alot of questions about what to expect in the event I do have to go to prison.

I guess the big questions are:

What happens to all of my bills while I am in jail? How do you pay them with no job?

What happens to my car and house?

Can you make phone calls and use the internet while in jail?

Are you allowed pens and paper to write letters?

What do you do all day? Do they let you out of your cell?

Maybe these questions all seem silly...but for someone who has never seen the inside of a real jail..I think that they seem fairly vaild.

If there is anyone out there who can talk and walk me through this...I would be most greatful!

Thanks again,
Bryan

trick · #7 09-21-2005, 05:50 PM

Ya know Brian, I just notice something...interesting!!!!

Your 1st name is my lover 1st name.

Your last name is my 1st name.

Carma do you suppose

Lillybee · #8 09-21-2005, 06:15 PM

Are you sure you going to jail? Is not your case probationable? Take one day at a time.

BryanLee43812 · #9 09-21-2005, 07:08 PM

Hey everybody...

Thank you so much for taking the time to respond. Let me address a few things...

One...no, I haven't even been charged as of yet...and yes I know that I am letting my fears get the best of me. I know that it is a little road from being charged to going to court...so I have to walk that road.

I guess I am just trying to get as much info as I possibly can in case the WORST CASE SCENARIO plays out...which my lawyer says would be one year on each count...and right now they are talking about 4 seperate counts.

I would like to think that since I don't have a criminal record..and the amount of money we are talking about here is only $320, that I would just get probation, community service, and have to pay restitution. However, it keeps being drilled into my head how TOUGH the judges are in this particular county...so that is all making me very nervous.

Hey Trick....actually Lee isn't my last name...it's my middle name... but I'm glad we share it nonetheless!!

And Shadowjack...you were extremely helpful. I appreciate all the info... In a way... prison sounds much better than jail...which from what my lawyer has said... the small county I will be tried in uses the prison system, and not the local jail, so I would more than likely go to the prison if I get any time.

So, Shadowjack...from what I have said..does this sound more like a probational offense? Or just a full-fledged throw his butt in jail kinda thing? LOL

and Lillybee...I know that I need to take this one day at a time...and I am trying...but I also like to know how things are gonna work out...so I guess I like to be informed. I would rather have too much info and not ever have to use it, than to have not enough info and really be lost...if that makes any sense at all.

I really do appreciate all the info and things you have all shared with me...and I will definitely keep everyone posted on how things go. Right now I have not been charged with anything..my lawyer is trying to settle this all before that happens... so we'll see how that goes..

Oh, and one other thing..I already made the one mistake of talking to the police before I even had a lawyer..Yikes! And they were trying to get me to take some voice stress test...that is when I called some lawyers...so I don't know how much damage I caused with that first meeting with the police.

They have been wanting to talk with me again before they file charges, and my lawyer has said no...

That's where we are currently...now I just play the waiting game to see what will happen from this point on...

I hope you all don't mind if I hang out in here and wait with you, do you?

Hugs,
Bryan

trick · #10 09-21-2005, 07:18 PM

No prob for me Bryan -- continue to hang

shadowjack69 · #11 09-21-2005, 08:17 PM

Most folks like prison better then jail...their is more freedom and more things to do
and more opportunities....jobs,schools, training etc....
but like everyone is saying...be cool....one day at a time....
wait and see what the lawyer sez....
make the state prove its case....

PTO-29412 · #12 09-21-2005, 11:44 PM

Hey,
I feel for you! One of the first things I would suggest is to visit your state forum here on PTO, or the state you are charged in. Also visit the DOC website.

Second, hire a lawyer.

Third, I was convicted of embezzlement, several $1,000's I got 5 years probation. While I cannot gurantee you will get this, I think it could be similar.

BryanLee43812 · #13 09-22-2005, 05:20 AM

Hey Bailey,

Thanks for posting. Well what I am truly praying for is probation, community service, and restitution... I mean the amount of money we are talking about is only $320. And although I did not use that money, I would rather just pay it back, than to go to jail or prison. So, it's a double edged sword. By paying the money back, it is pretty much saying you are guilty, but on the other hand, it is better to just pay it back than do time.

Hearing your story gives me a little more hope.

Thanks for sharing,
Bryan

valorie1 · #14 09-22-2005, 06:08 AM

Brian although I was not in you shoes I had something happen to me and I was not guilty. I was in a Winn Dixie Store. Mind you I was in there almost everyday of my life and had not problems. I was in with a friend named James. James worked there! I picked upe a pack of cigarettes and while looking at something laid them down. James picked them up and I did not know it. Well when I got to the checkout, Don the manager asked me where the cigarettes were. I said I must have laid them down. James held them up and showed them he had them! Well Don accused me of stealing them. I said check me then he refused. I said "Sir I just got over $2000 in grant money for shool why would I need to steal a pack of cigarettes?" He ignored me. I then offered to pay for the cigarettes even though I did not have them. He said what are you doing? I said "Sir, I did not steal any cigarettes but if you think I have them then I need to pay for them." Everyone got quiet. He knew he was being an a** and he told me I could not come in there anymore! Well low and behold what happened to Mr. Don? He was fired. lol what I am trying to say is I know that when someone is charged with something it does not mean it is true. I wish this could go as easy for you as it did for me.
Take care hun
Peace Love Light and Laughter
Valorie

BryanLee43812 · #15 09-22-2005, 06:29 PM

Well Val...I am hoping this goes kinda easy for me...but we will see...I live here in Amish country where nothing happens..so this will be big news...lol... so let's hope they don't try making some kind of example out of me.

Hugs.
Bryan

babygirl350 · #16 09-22-2005, 07:03 PM

I really think as I told you yesterday that since this happened some time ago, that your lawyer needs to be questioning your work as to why they are just now coming up with this suspicion.

By the sounds of it, could it possibly be your sexual orientation that they are troubled by and they think they will make you an example?

Unless you were the Manager over the house, your Manager and the office are responsible for the paperwork not yourself and they are the ones who are held accountable for it.

As to the items that supposedly you bought for yourself, they are going to have a tough time proving it unless they have those receipts with a detailed explanation of the items purchased and then a search warrant is obtained and they are found in your residence, car, etc.

Since you do not have a record and this is your first offense, I am hoping for the very best for you if it should go to trial. Hopefully, it won't.

Good luck to you. Remember I said you could pick my brain anytime if you think I can help your defense in any way. There are also other members here in the same field, I can also direct you to them and perhaps their brains you might pick as well.

amanda8088 · #17 09-22-2005, 09:44 PM

Dear Bryan!

I feel so badly for you! Did the police even read you your Miranda rights before questioning you?

I would definitely hire a Criminal Attorney, and spend as much as you need to for someone at the top of their field.

If you have no prior criminal record at all, they may give you Accelerated Rehabilatation or offer Probation.

I would hire the best and more successful criminal attorney that you can afford, if you at all feel loss of freedom is involved. A great attorney will take the anxiety out of your hands. Make sure he has a high rate of success, and that he is aggressively defending you.

Please don't assume the worst that you will be convicted, as it will come across as maybe looking guilty.

Hope for the best, and do all you can to get Probation, Community Service, or the case nolled.

I wish you all the best!!

Please stay in touch and know that we are all pulling for you, Bryan!

*hugs*

amanda8088

BryanLee43812 · #18 09-23-2005, 12:18 AM

Yeah, for some reason, I keep forgettting that it's the STATE that has the burden of proof and not me....and as of yet...they have not searched my house for any of these so called items...which they would not find them anyway...because they aren't there.

I guess it is not my job to come up with where they are...it is theirs.

And good point about panicking about a conviction looking like guilt...I suppose you're right. There just isn't a wide range of lawyers in this town...and I don't have the money really to even hire a lawyer...my dad was nice enough to give me the retainer to get this one...and of all the local lawyers I called...he is the only one in town who deals with felony cases like this. He used to be the Prosector in town... so hopefully he knows what the hell he is doing.

Again, thanks so much for all you help and advice...and I certainly hope that I don't need it...lol....but I will hold on to it just in case!!

BigTime · #19 10-02-2005, 07:40 PM

I guess the big questions are:

What happens to all of my bills while I am in jail? How do you pay them with no job? Your bills will go delinquent if you don't have the funds to pay them or have someone paying them for you.

What happens to my car and house? Same as the previous question. You will lose the car and house if payments are not made.

Can you make phone calls and use the internet while in jail? Phone calls yes. No there is no internet access for inmates.

Are you allowed pens and paper to write letters? Yes.

What do you do all day? Do they let you out of your cell? Work if you have a job. Work out, eat, watch tv, write letters,shower.

Maybe these questions all seem silly...but for someone who has never seen the inside of a real jail..I think that they seem fairly vaild.

If there is anyone out there who can talk and walk me through this...I would be most greatful!

Thanks again,
Bryan

No problem answering your questions. Since you mentioned you are gay that may be an issue. If your going to a state facility, you might be approached for sexual favors. Stand your ground and fight if you have too.

Also, remember you did the crime so be prepared for the consequences of your actions.

titantoo · #20 10-02-2005, 07:47 PM

Cannot give you any information you wanted, sorry, but I want to welcome you to PTO. It is a wonderful place full of kind, generous and knowledgeable
people who will do their utmost to help and support you when they can.
People more knowledgeable than I have already given you good information and advise.