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  #1  
Old 01-01-2017, 06:42 PM
SkinnyWhiteGuy SkinnyWhiteGuy is offline
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Default Advice on if i should accept plea deal

I was charged with public lewdness & endangering a child because of high school kids in the general area but who didn't see anything. I don't want to discuss the case but just giving you an idea about the severity.

It has been over 5 months and the original plea bargain has not changed. My lawyer can not get a better deal. He wants me to keep waiting.

The Court wants me to plead guilty to the public lewdness and drop the other charge and do a few weeks in jail.

The reason I don't want to wait much longer is because of an important job opportunity where I need to have the case finished or I will lose this opportunity. I can't get hired with an open case. I also think probation could hurt me because I will have to do a rigorous training for many months and I believe an encumbrance like probation will cause them to not hire me.

It is still questionable if I will get this job as they will have to take into account my new charges.

I really need some advice here.

Here is my thinking. It is looking like they will not give me a better deal and I'll have to plead guilty to the public lewdness which is a B misdemeanor no matter what I do or how long I wait. Do you really think they would let me off the hook to a violation for these Class B and Class A misdemanors? Especially a sex charge like this?

Many people here and from my research, it seems that I should not get raped in jail for the few weeks I'll be there.

If it is very likely that I won't get raped in Jail I would rather just serve the time and be free then on probation, which will cost me an important job. I also would like to travel out of state for long periods of time and probation will affect that, even if I don't get this job.

I need advice on if I should still try and avoid the jail sentence and still try and get probation because even a few weeks in jail is just so bad and I still may get raped.

Will it be bad for future employment more if I spent time in jail vs probation for the B Misdemanor? I believe most jobs don't care what your sentence or probation was but what you are convicted of so this should not matter.

So what do you think should I highly consider just accepting the B misdemeanor and do the few weeks in jail?

I'm not really sure what the lawyer expects with waiting at this point.

Thank you, any help is apprecated here.
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Old 01-01-2017, 06:52 PM
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Let's see if I have this right.

You have advice from an attorney who knows all the details. You share some info with random people online. You want to get advice from said random people. Why don't you just take advice attorney is giving? If you think so little of the attorney to get a second opinion from random internet people, then why even have the attorney?
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Old 01-01-2017, 06:55 PM
SkinnyWhiteGuy SkinnyWhiteGuy is offline
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Let's see if I have this right.

You have advice from an attorney who knows all the details. You share some info with random people online. You want to get advice from said random people. Why don't you just take advice attorney is giving? If you think so little of the attorney to get a second opinion from random internet people, then why even have the attorney?
Good question.

Paid a lot of money for him as he was supposedly one of the top criminal lawyers. The problem is the case is what it is and he can't change evidence. Sex charges are honestly worse than murder charges.


I am going to have a sit down with him very soon to make a final decision so I am generating ideas from this post.

I'm not very happy with the lawyer but oh well. Hard to get a second of his time.

I'm also not going to pay money and hire another lawyer. I don't think it would help and just throwing money away.
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Old 01-01-2017, 07:14 PM
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Good question.

Paid a lot of money for him as he was supposedly one of the top criminal lawyers. The problem is the case is what it is and he can't change evidence. Sex charges are honestly worse than murder charges.


I am going to have a sit down with him very soon to make a final decision so I am generating ideas from this post.

I'm not very happy with the lawyer but oh well. Hard to get a second of his time.

I'm also not going to pay money and hire another lawyer. I don't think it would help and just throwing money away.
You know the attorney has to play hand that is dealt. What else do yo want? He or she can't make DA offer a deal you like.

The risk of waiting is the deal is pulled. Attorney doesn't think that is likely it would appear. Benefit of waiting is maybe deal would get better. If attorney thinks waiting is right move then wait. If attorney says deal is as good as it gets then make your decision.

You seem very determined to sabotage your case and your life.
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Old 01-01-2017, 06:53 PM
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Hey I render reading your posts before. I really think you need to make this decision on your own or with your family. Only you know what you can and cannot handle. I really think you are bugging over the few weeks in jail. Come on now Martha Stewart went to prison not jail and she's fine. You will be fine in jail- even rikers- as long as you just keep to yourself. On the other hand I know many people on probation who travel and live very normal lives and being on probation does not interfere with work. You need to be open and honest with your officer and you will be fine. No one can tell you what you should do. I have NEVER spent a night in jail but if I personally had to go for a few weeks verses being on probation for years I think I would take the few weeks but then again maybe not. If your fear is getting raped stop it- this is real life not s movie and not the TV show lock up
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Old 01-01-2017, 07:04 PM
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I think you need to work with your attorney and take any advice given. Please do not post details of your case on here, it is a public forum and may harm your case.
At this stage you need to work on resolving your case with your attorney and not be worrying about rape in jail, former inmates on here will tell you its not that common.
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Old 01-01-2017, 07:44 PM
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ONly thing I might add is if this will require you to register as a sex offender, (which is a good possibility) it will be a stretch to worry about the job, or being hit on in jail/prison.
The former meaning......you wont get the job.
The latter meaning, I would not worry about that.
More worried about the former.
Travel on probation, with that label?
forget about it.
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Old 01-01-2017, 08:29 PM
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I don't have to register as a sex offender for any of the charges so that is not an issue here.

My life is already ruined anyway so I don't think I can make it worse to be honest. If something I write here will and could actually make things worse then so be it.
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Old 01-01-2017, 08:36 PM
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Originally Posted by SkinnyWhiteGuy View Post
I don't have to register as a sex offender for any of the charges so that is not an issue here.

My life is already ruined anyway so I don't think I can make it worse to be honest. If something I write here will and could actually make things worse then so be it.
One should not underestimate one's ability to make a bad situation worse.
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Old 01-02-2017, 06:39 AM
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My life is already ruined anyway so I don't think I can make it worse to be honest.
Why are you trying to make things more complicated than they actually are?
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Old 01-01-2017, 09:17 PM
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If you just go do what you need to do, it would be over.
Stop all this nonsense.
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Old 01-01-2017, 09:33 PM
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I remember you. You're the guy who has a problem sitting still, especially in his own skin.

Convince yourself what you want - you're looking for an excuse to do what you want to do instead of listening to your lawyer.

Look, if I'm reading you right, you want to get this over and done with so that you might, MIGHT get a sweet job. The case has to be done, and they still might not hire you with the charges pure going to have to plead to, but hey, you'll be unemployed with a bigger strike against your employment possibilities, and the case will be done, right?

You're still worried about rape in county jail. Fine.

But really, it boils down to you not wanting to wait. You don't see a point to it, and you want done. Fine. They are your consequences. You ignore the advice of your attorney at your own peril. There are reasons, long ago spelled out, why waiting is a good strategy. Not going into them again. You just don't want to wait.

Accept responsibility for your truth - you don't want to wait. You're not comfortable waiting, no matter what the outcome would be if you did, no matter what the advice.

Proceed at your own peril. You will be fulfilling your own desires and ignoring everything else.
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Old 01-01-2017, 11:03 PM
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I understand you just wanting to get this over & move on but there may be a reason your lawyer has given you the advice he/she has. Don't let the job be the deciding factor because that can always change. My son took a plea deal because his lawyer said this was his best option. He only had to serve 6 months & the people he worked for said they supported his decision whatever he decided to do. They even asked if he could work while serving his sentence. He took the deal & then realized he is now labeled a sex offender & when he was released, the job was no longer his.

You have to do what works best for you. And your well being while incarcerated is not the biggest thing to worry about. Will they be sentencing you to a low security place, a jail or transition center? You're lucky not to have to register & to only have a misdemeanor on your record. Ask your lawyer for explanations & voice your concerns then work together for the best outcome. This is a short term problem that could affect the rest of your life if not handled correctly.
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Old 01-02-2017, 01:02 AM
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Originally Posted by SkinnyWhiteGuy View Post
If it is very likely that I won't get raped in Jail I would rather just serve the time and be free then on probation, which will cost me an important job. I also would like to travel out of state for long periods of time and probation will affect that, even if I don't get this job.
I'm only going to comment on the probation issue.

Are you certain it is optional? I mean, for me, if it was EVER an issue of only having to spend a few weeks in jail versus being stuck on probation with all its restrictions for a whole year or more, I'd just do the jail time and get it over with in a heartbeat. In a heartbeat.

But usually it isn't optional any more. In other words, if they're talking about 3 weeks jail time, it's probably 3 weeks jail time then at least a year of probation (either supervised or not) after you get released regardless. In other words, no way to avoid the probation. In which case, it would be better to hold off and hope for a better deal to see if you can avoid the jail time since you'll have to do the probation anyway.
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Old 01-02-2017, 01:20 AM
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I'm only going to comment on the probation issue.

Are you certain it is optional? I mean, for me, if it was EVER an issue of only having to spend a few weeks in jail versus being stuck on probation with all its restrictions for a whole year or more, I'd just do the jail time and get it over with in a heartbeat. In a heartbeat.

But usually it isn't optional any more. In other words, if they're talking about 3 weeks jail time, it's probably 3 weeks jail time then at least a year of probation (either supervised or not) after you get released regardless. In other words, no way to avoid the probation. In which case, it would be better to hold off and hope for a better deal to see if you can avoid the jail time since you'll have to do the probation anyway.
I'm going to have to find this out from my lawyer when I sit down with him. I am wondering the same thing. I know when I show up to court to postpone my court date, they just say 3 weeks and plead guilty to B misdemeanor. They never mentioned anything about probation.
Like they never said "3 weeks" and "1 year probation". I would then think it is just the 3 weeks. But I have to get this clarified.

I do know certain states from a quick research, like Texas, where you can't serve both jail and probation, unless you get multiple charges and they stack. I don't know if my state is the same.

Does anyone know why they want me to do jail time? If I'm going to plead guilty to a B misdemeanor, why do they care if I do jail time vs just probation? I thought they didn't want to throw a bunch of people in jail because they are overcrowded and expensive. Could they possibly want me to do jail time to teach me a lesson here?

I also don't know what my lawyer gets by postponing my case this long. I can see a few months, but I'm coming past 6 months at this point.

Do you honestly think they are going to give me a better deal? I don't think they are going to let me off the hook with the public lewdness charge after having an endangering charge. Let's face it I'm the worst possible scum on the earth being a sex offender.

What would you do with your client, he is charged with public lewdness and endangering a child, let us assume the evidence is not in the clients favor. Do you honestly think you could get a better deal than pleading guilty to a B misdemeanor if the prosecutor is not budging? The endangering charge is really bad and would guarantee me lots of trouble going forward with that charge. I can live with the public lewdness and jobs would not treat me like a huge sex offender with that. You can get public lewdness for lots of stupid things.

How long can my lawyer push this back for anyway?
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Old 01-02-2017, 01:34 AM
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Let's face it I'm the worst possible scum on the earth being a sex offender.
But you're not a sex offender, so long as you can avoid registering.

In fact, if I were you, I'd just explain to everyone (future employers and otherwise) that you got caught pissing in public. Couldn't hold it to make it to a restroom. Public lewdness. No big deal. You are under no obligation to let anyone know that you were really caught in your car with your zipper down. No one needs to know that.

And they won't, if that is all you end up being convicted of.
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Old 03-21-2017, 04:27 PM
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Hi everyone, need your advice again here.

My lawyer seems to be dragging out the case, and he is not really giving me much information about what is going on as its been over 9 months already.

The Prosecutor has not given a better deal than 30 days jail and probation, and I would have to plead guilty to public lewdness, but the endangering charge would be dropped.

I only have a few months to get this case done with if I want to take this job I've waited years for.

Do you think I would be crazy just to accept the deal and take the 30 days jail and be done with it, I would have to probably go to Rikers island.

Or is jail so bad that I should try and hold out for a better deal to the end, and lose the possibility of taking this job.

Thanks. I'm ready to just take the 30 days and get it over with. I spoke with someone who was in rikers and asked if I would get raped in jail, he said no way that would happen. So I'm thinking I'll just do the 30 days, which should be 3 weeks with good behavior.
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Old 03-21-2017, 04:48 PM
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Hi everyone, need your advice again here.

My lawyer seems to be dragging out the case, and he is not really giving me much information about what is going on as its been over 9 months already.

The Prosecutor has not given a better deal than 30 days jail and probation, and I would have to plead guilty to public lewdness, but the endangering charge would be dropped.

I only have a few months to get this case done with if I want to take this job I've waited years for.

Do you think I would be crazy just to accept the deal and take the 30 days jail and be done with it, I would have to probably go to Rikers island.

Or is jail so bad that I should try and hold out for a better deal to the end, and lose the possibility of taking this job.

Thanks. I'm ready to just take the 30 days and get it over with. I spoke with someone who was in rikers and asked if I would get raped in jail, he said no way that would happen. So I'm thinking I'll just do the 30 days, which should be 3 weeks with good behavior.
I would probably consult with the lawyer one more time to see if there's anything else he thinks can be done in mitigation or if there's any sort of alternative to going to Rikers as far as doing the time. That said, while Rikers isn't a great place to hang out on the weekend so to speak, 30 days (or less) there probably wouldn't kill you. If it's literally the only way to hold onto this job (I'm assuming the plea bargain will not compromise your ability to retain the job) then it might be best to just get it out of the way and move on with life.

Again, though, if possible, speak to the lawyer before finalizing the deal.

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Old 03-21-2017, 04:56 PM
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I would probably consult with the lawyer one more time to see if there's anything else he thinks can be done in mitigation or if there's any sort of alternative to going to Rikers as far as doing the time. That said, while Rikers isn't a great place to hang out on the weekend so to speak, 30 days (or less) there probably wouldn't kill you. If it's literally the only way to hold onto this job (I'm assuming the plea bargain will not compromise your ability to retain the job) then it might be best to just get it out of the way and move on with life.

Again, though, if possible, speak to the lawyer before finalizing the deal.

-E
Thanks, yes I'm going to call my lawyer tomorrow and ask with him to get the final deal from the prosecutor.
I'm not even sure I can make any deals myself or I would call the prosecutor myself?

My lawyer schmoozed me to get my money in the beginning, now seems to not even want to talk with me on the phone. This with very rarely calling him, maybe once a month if that.

The deal with the job was I was accepted into this governmental job after many years of waiting on the list, and was put on hold because of the arrest only a few weeks before I was suppose to start. In order to get the job I have to have the case concluded, but probation is OK. I will still have to get a final review, but there is a chance I can still get the job from people I spoke with.
I have only a few months then I can never get the job again.

I have court date in a month, but hoping I could make a deal before that and start jail time ASAP.
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Old 03-21-2017, 06:11 PM
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Thanks, yes I'm going to call my lawyer tomorrow and ask with him to get the final deal from the prosecutor.
I'm not even sure I can make any deals myself or I would call the prosecutor myself?

My lawyer schmoozed me to get my money in the beginning, now seems to not even want to talk with me on the phone. This with very rarely calling him, maybe once a month if that.

The deal with the job was I was accepted into this governmental job after many years of waiting on the list, and was put on hold because of the arrest only a few weeks before I was suppose to start. In order to get the job I have to have the case concluded, but probation is OK. I will still have to get a final review, but there is a chance I can still get the job from people I spoke with.
I have only a few months then I can never get the job again.

I have court date in a month, but hoping I could make a deal before that and start jail time ASAP.
While you could technically speak directly to the prosecutor I suppose, I don't think that's well-advised (I've done it in my girl's case, but admittedly, it was a combination of coincidence of timing same place/same time/small talk and huge gamble.) If you are able to get your attorney's attention you can see if he and the prosecutor can agree to calendar the case for a plea setting prior to the next scheduled court date (depends on how busy the court is as to whether or not that is possible I guess.)
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Old 03-21-2017, 04:55 PM
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I agree. Have your lawyer see if there's any wiggle room. Is there a way that you can start the new job & serve your time as sort of a work release? Report to local jail at might & on weekends til time is served? Or could it be house arrest with leaving only for work & necessary things? The court might be willing to work with you if you can show you're starting a new job. they want you to be employed & rehabilitate so maybe there's a chance. I'd research the area you're in & any cases where they've allowed something like that.
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Old 03-21-2017, 06:28 PM
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If you're going to accept the deal, there will be a new court date, not on status day, the day you're looking forward to atm. If you want it moved up, talk with your attorney. you may be able to get a minimal call with both parties in agreement - dunno how NY does it.

If you are in the same county as NYC, then you will go to jail in NYC at one of they myriad of facilities.

Talk with your attorney. Do NOT talk to the prosecutor without your attorney present. Are you nuts? Like representing yourself? Let your attorney's office know that you want to accept the deal if that's where you're going in your thinking.
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Old 03-21-2017, 06:39 PM
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Will the public lewdness charge require you to register as a NY sex offender? That is a huge consideration for the viability of your expected new job, and for your future life too.

My advice, don't rush to judgment until you know all of the restrictions you will be volunteering for (20 years minimum, lifetime otherwise) if you are pleading guilty to a registerable sex crime. Here are the frequently asked questions.
http://www.criminaljustice.ny.gov/nsor/faq.htm
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Old 05-01-2017, 11:05 PM
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I accepted the deal after all this time and will have to do 30 days jail with 1-year probation and pled guilty to public lewdness.

My lawyer was a complete waste, to say the least. He had me waiting so long I lost my job and I didn't even get a better sentence.

My stupid lawyer should have told me from the beginning that the deal won't get much better and I should take the original offer if I wanted to keep my job. Instead, he waited almost a year later and I got the same deal I could have from day 1. He thought putting me in therapy would make the prosector change the deal, but what could they offer when they are already generous with 30 days jail 1 year probation. It wasn't like the prosecutor would have dropped the public lewdness, so this was all about 30 days in jail. He should have advised me accordingly to just do the 30 days.

I knew it was stupid to wait because the original offer was reasonable, I knew the only thing he could do better was maybe knocking out jail time, but it wasn't worth to save 30 days in jail for losing my city job.

The guy was a complete waste of a lawyer. He didn't even know the facts of my cases when speaking with him, he didn't want to be bothered. Even when I ran things by him he got insulted, he said he wouldn't tell his carpenter how to do his job. The guy just thinks he is a hot shot but I can tell he wasn't all that intelligent. But he does somehow get a lot of business.

One time I called him on the phone a few times over a two week period to try and get hold of him to tell him that I need to accept the deal to get my job back, only for his secretary to get all snotty and say "He just took in 8 new cases recently and is busy". Can you imagine an excuse from your lawyer not to take a call because he is getting all this new money from all this new business. This was really the icing on the cake. He would only ever allow me 2 minutes on the phone before basically hanging up , and I rarely called him, maybe once per month.


The best thing is he tried to work out a deal with the judge at the last hearing that would have had me plead guilty to endangering the welfare of a minor, an A misdemeanor, for 3 years probation but only 7 days in jail. He told me to go for this.

I declined that as I would rather have the B misdemeanor of public lewdness, 1 year probation, and 30 days jail. He seemed to have gotten insulted that I rejected his recommendation. Guy is a moron to not see how I would have to live with this for a petty 2 weeks extra in jail.

For me the A misdemeanor is a lot worse, and endangering the welfare of a minor is considered a violent misdemeanor.

I'm not complaining he didn't get me a better deal, I just felt like he should have told me what was going on. I was totally left out of everything and it was like pulling teeth to get any information. If he only told me that they are not willing to go lower on the deal I would have done my time months ago and reapplied for my job back. This idiot lawyer knew this and didn't do a thing.

Don't think it is just me, I sat down with him with a family member who is 20 years older than me, and he also told me the guy is a complete idiot and is really screwing me over.

Boy did I make a bad decision going with this lawyer who is considered top and not with the family friend.

I am for sure going to write a nice google review about this whole situation, as this is one of the few things that come up if you google his name. It will be a totally truthful review and explain how he schmoozed me in the beginning but after he got my money he didn't give a crap and didn't want to be bothered. didn't care to look over my case for more than 5 minutes, got pissed if I ran things by him, got spiteful, is a complete idiot when it comes to the written law statutes, didn't know the correct probation on my case, had to ask the prosecutor at the end waht the probation was, as he was telling me it was 2 or 3 years and it was only 1 year.

Trust me, you may think I was being difficult but I was actually on my best behavior so he wouldn't get spiteful and throw my case, which he did anyway.

Last edited by SkinnyWhiteGuy; 05-01-2017 at 11:14 PM..
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Old 05-02-2017, 01:37 AM
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Originally Posted by SkinnyWhiteGuy View Post
The best thing is he tried to work out a deal with the judge at the last hearing that would have had me plead guilty to endangering the welfare of a minor, an A misdemeanor, for 3 years probation but only 7 days in jail. He told me to go for this.

I declined that as I would rather have the B misdemeanor of public lewdness, 1 year probation, and 30 days jail. He seemed to have gotten insulted that I rejected his recommendation. Guy is a moron to not see how I would have to live with this for a petty 2 weeks extra in jail.
Believe me, my friend, I felt the same way.

On my original felony crime spree, I was originally charged with 3 counts of burglary and 4 counts of grand theft.

My lawyer was able to get everything dropped but the one burglary charge. I was sentenced to 10 years suspended, with a 180-day paramilitary boot camp program to do in its stead. Upon completion, I didn't have to serve any additional prison time, but just complete the remaining 10 years on probation.

I was kind of mad at my lawyer for awhile, because if he could have had me plead to the "lesser" charge of grand theft instead, even though it might have meant up to 14 years on probation (instead of just 10), at least I would have gotten my gun rights restored back automatically afterwards since it wasn't considered a "violent" crime like burglary is.

But in hindsight, it ended up being for the best anyway. Because I ended up violating my probation anyway. Luckily, I was able to get my probation reinstated on the burglary, so that I was completely topped out and done with it by the time I was done with my second felony offense. Otherwise I would have still been on probation (on the original offense) even after I got out the second time.

I don't think you made a bad choice opting to do a little more jail time for only 1 year (instead of 3) of probation. You'll appreciate the early sacrifice you made once that 1-year mark comes up and you are finally off paper. Trust me.
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