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dnldkristi · #1 11-20-2009, 11:21 AM

Hey ya'll. I am being sentenced on Dec 1st for Theft by Embezzlement. It's been a long time coming, so although I am glad the end is in sight, I am still very scared. I'm scared for my wife and children, for my family and for myself. I have a plea agreement for 6 years deffered sentence that was signed by my lawyer and the state prosecuter. Also, the PSI investigating officer recommended the same sentence in the PSI report. There still is a matter of money difference and the PSI officer will recommend that a independent audit be done to find out the exact amount. Can anyone please tell me what the chances are that the Judge will also go along with the sentence recomendation? Thanks for listening. I needed someone to talk to. I can talk to my wife and others, but unless you've been through it, you really don't understand what we're going through, ya know?

Shush · #2 11-20-2009, 12:46 PM

I am sorry, there is no answer I can give you. but it feels there is a lot of stress around you at the moment.

maybe you post in the legal part of the forum and you may get a answer there?
wishing you all the best, the same to your wife!

dnldkristi · #3 11-20-2009, 01:11 PM

thank you so much. I will try that.

Gryphon · #4 11-20-2009, 05:38 PM

The chances are very high that the judge won't decide to reject 100% of the recccomendations being presented and carve his own path (since it sounds like there's concensus regarding the right thing to do.)

Is it possible a Judge will do his own thing? Sure. Judges can have pet peeves. a particularly vulnerable victim or some outrageous resulting hardship could be more important to the judge than all that advice. Your lawyer will probably know if you have a judge who goes off on his own from time to time (and when the judge is inclined t do that. Defense lawyers pay close attention to that sort of thing.)

luckyme_in · #5 11-20-2009, 05:41 PM

It's say that normally the judge is going to go with the recommendations. They do not "have" to, but generally if everyone is in agreement the judge won't go rocking the boat. Plea agreements are ment to free up the courts if they didn't go through the majority of the time they wouldn't be so popular.