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xxdreeaxx · #1 05-22-2012, 02:42 PM

They offered him 18 months for a fraud conviction, even though he has no criminal record He has done 5 months in that county jail, and 2 in another one in NY based on the same charge. He's in Florida. How much of that would he have to do? He's being stubborn and wants to take it to trial, knowing very well he will lose. What should he do? His lawyer said the DA doesn't want to come down anymore on the offer.

yourself · #2 05-22-2012, 05:06 PM

He should do what he wants to do after he's weighed all the options and talked with his attorney.

CenTexLyn · #3 05-22-2012, 05:36 PM

His attorney is going to have the best feel for what a jury is apt to do with the set of facts that exist in the case. All the attorney can do is lead him to water...he cannot make him drink. But it sounds like this plea structures the sentence so he knows he would be home in less than a year...which beats the hell out of what a jury is likely to do (juries tend to like to give time...and they tend to give what the State asked for, not the defense attorney).

Listen to counsel!

Cara1947 · #4 05-22-2012, 06:50 PM

This is the hardest decision HE will have to make. HE has to decide because he will do whatever the result is, not you. That was my hardest lesson when my husband, absolutely innocent of the charges, decided it was the easiest way to get our lives back . . . he was wrong, but HE had to decide and I had to support.

Take care. ((HUG))

Frog88 · #5 05-22-2012, 06:51 PM

IMO, take the plea!

I would say speak to his lawyer although I don't trust them always...

Did you mean he Would already have served 7 out of the 18 months? At what percent is this sentence?

xxdreeaxx · #6 05-22-2012, 07:31 PM

Yes, he served 7 months already, time served.

And his total sentence is 18 months.
He would have to do 85% of his time, which from my calculations is around 9 more months. He is being very stubborn, and thinks that he will get off at trial, like most do. But he's kidding himself and I'm scared by him taking the trial chance he will really screw us up totally. He's not thinking about his family at all, just himself.

Frog88 · #7 05-22-2012, 08:23 PM

Quote:

Originally Posted by xxdreeaxx

Yes, he served 7 months already, time served.

And his total sentence is 18 months.
He would have to do 85% of his time, which from my calculations is around 9 more months. He is being very stubborn, and thinks that he will get off at trial, like most do. But he's kidding himself and I'm scared by him taking the trial chance he will really screw us up totally. He's not thinking about his family at all, just himself.

I actually just did the calculation minus time served and it's 8.3 months to do remaining.
In not one to talk, since I don't have to do the time but if you ask me 8 months is not bad! I mean.. Any time is not good time. This is not a vacation but ask him if it's worth risking the unknown that comes with a trial for 8 months? He might say yes, it is. If that's the case.. All you can do is stand by his side and support him.

Right, trial might go smooth and he might get off easy. Like with no time or just probation BUT if he doesn't? It would suck if he was sitting there thinking "damn! I should have taken that plea! I would have been out by next summer"

Express your stance but leave the decision up to him. After all, he's the one that has to do the time in there so he should be able to deal with whatever consequences.

yourself · #8 05-22-2012, 09:52 PM

Here's the thing: he's gotta be ok with sitting in prison for the max should he lose at trial. If he can't do that time ok with his choice, he should probably take the deal. If he can do that time ok with his choice, then he should go to trial. It's his butt that has to do the time. He should not count on getting off. Instead, he should know how he'll feel sitting in prison taking the deal v. sitting in prison having lost at trial.

Each person is different. Each person has to come to a conclusion that sits right with him/her. You might not like his answer, but it has to be his answer, or it'll eat away at any relationship you have.

xxdreeaxx · #9 05-23-2012, 05:41 AM

Thank you!

How does he take the plea? Does he have paperwork to sign for it? He has a pre trial on Tuesday. Is that where he takes it? Does the judge immediately sentence him then also?