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-   -   Stupid teenage clients...but I can only do so much (http://forums.pelicanparts.com/off-topic-discussions/531494-stupid-teenage-clients-but-i-can-only-do-so-much.html)

ramonesfreak 03-16-2010 05:20 PM

ive seen what happens when kids this age get put into the system....usually ends bad

ive also seeen what happens when kids this age dont get properly punished....usually ends bad

there needs to be some middle ground like community service every weekend for 6 months and financial restitution if appropriate....its best to keep kids out of prison where they meet other criminals and get branded with a bad reputation in the community...with the exception of violent crimes. i have no tolerance for the violent, no matter how young they are

ramonesfreak 03-16-2010 05:22 PM

ide also advise that fella to never consent to a search again :-)

wdfifteen 03-16-2010 05:24 PM

Quote:

Originally Posted by Dueller (Post 5240218)
I wish. Here's the best deal I could strike. He has tonight to think about it. Otherwise we go to trial next tuesday.

All misdemeanor charges remanded (dropped).

Conspiracy dropped.

Non adjudication of sale charge, but he must first enter a guilty plea that will be held in abeyance and dropped/expunged with completion of five years probation (likely to be reduced to 2 1/2 with successful participation). 6 years suspended. (i.e., screw up and you have to do six years in the pen.) $1000 fine.

Plead guilty to one count of auto burglary. 5 years with 4 suspended. Probation to run concurrent with drug probation. Must serve one year in special non-violent youthful offender trustee program in local county jail (special housing, visitors allowed every evening 5-9 p.m., all day sat/Sun as opposed to every other Sunday). $1000 fine.

DA will not contest expungement after successful completion of sentence/probation.

A year in jail isn't going to help this kid.

t-tom 03-16-2010 05:24 PM

Having been put in the system near that age (17) All I can say is I'm glad they did it. Probably saved my life. 5 years of probation and 5 grand fine is not too bad.

mattdavis11 03-16-2010 05:28 PM

Sounds like your client doesn't have much to ponder. What are the max fines for negotiable offenses? That's the only way I see him getting a better deal. Campaign contributions to said DA (if elected) or magistrate/judge might be helpful too, but that's kind of where you pay attention.

GWN7 03-16-2010 05:47 PM

So the DA is saying $2000 (covers court costs) and 1 yr in special custody (which will be 8 months if he keeps his nose clean I'm guessing)

or

a total of $24,000 in fines and 24 years if he gets the max on all charges

Too bad the DA wouldn't expunge the Felony Auto also after the probation runs out.

Dottore 03-16-2010 05:48 PM

Quote:

Originally Posted by DanielDudley (Post 5240237)
but as they say, reality is for people who can't handle drugs, and vice versa.

I have never understood that remark...

Dueller 03-16-2010 05:56 PM

There were 85 cases on the docket for the next 2 weeks of trial settings. 5 were dismissed. 3 were continued. 74 were pled out oncluding 6 first offense sale of marijuana < ounce cases (each got 3-6 years (2-5 suspended, 1 to serve) + 3-5 years probabtion). 3 cases were continued.

I held out for a trial...probably could have gor a better deal but for the burglary charges. It was tough presenting this to the kid and his parents.

Dueller 03-16-2010 05:57 PM

Quote:

Originally Posted by GWN7 (Post 5240315)
Too bad the DA wouldn't expunge the Felony Auto also after the probation runs out.

He will if kid accepts deal. Likely he'll have to spend the entire 1 year in custody tho....

greglepore 03-16-2010 06:03 PM

It sucks, but its not a life sentence like a felony record.

Does "not oppose" mean its gets granted? I ask b/c here in Pa it doesn't, really, the judges hate to expunge.

GWN7 03-16-2010 06:28 PM

Quote:

Originally Posted by Dueller (Post 5240345)
He will if kid accepts deal. Likely he'll have to spend the entire 1 year in custody tho....


I'm sure you layed out what the max is and what the courts are giving for the same charges and his chances of getting off scot free.

Sounds like the DA is going "ok, the meds and his medical problems might have some bearing on his actions, but in the long run you are responsible for your actions." He's giving the kid a chance to prove himself. Do a easy time year and keep your nose clean and you will get your life back.

Unless he is prepared to hire a bunch of expensive expert witnesses to prove he wasn't responsible for his actions, he has two options. Take the deal or run.

Dueller 03-16-2010 06:40 PM

Quote:

Originally Posted by GWN7 (Post 5240399)
I'm sure you layed out what the max is and what the courts are giving for the same charges and his chances of getting off scot free.

Sounds like the DA is going "ok, the meds and his medical problems might have some bearing on his actions, but in the long run you are responsible for your actions." He's giving the kid a chance to prove himself. Do a easy time year and keep your nose clean and you will get your life back.

Unless he is prepared to hire a bunch of expensive expert witnesses to prove he wasn't responsible for his actions, he has two options. Take the deal or run.

I explored the idea of expert witnesses; i.e., his current doc and psychologist. Both said, yeah his judgment was impaired but not to the extent that he didn't know what he was doing or that what he was doing wasn't illegal. Even if they had said he was temporarily insane, he still was able to maintain a job, socialize on some levels, etc.

Even if they had said he was whacked out at the end of the day it would just be another witness and the jury could determine what weight to put on their testimony. It was a losing longshot IMO.

Plus the jury will be made up of primarily two extremes...upper middle class that don't want drugs in their neighborhood or their nice cars burglarized and lower income people who would think that my client would be getting better treatment than their own kids.

Finally, the judge I drew is very stern and tough on drug cases.

red-beard 03-16-2010 06:52 PM

If I were the kid, I'd take the deal. And then the Smart thing would be to take courses while "in" and do as much good as he can. Get out, get back in school, and stay in School until EVERYTHING is done and expunged. He then will be employable.

Poor dumb kid. But for the grace of god, there go I, or many of us.

Rick Lee 03-16-2010 07:06 PM

This kid needs boot camp. If anything I'd punish him for being stupid enough to consent to a police search of his car. Why does anyone EVER do that?

m21sniper 03-16-2010 07:11 PM

Dude should have never been put on all those drugs to begin with.

ODDJOB UNO 03-16-2010 07:15 PM

JOIN THE MARINES OR OFF TO THE GRAYBAR MOTEL with big louie as his cellmate.


judge oddjob...............law west of the pecos.

jriera 03-16-2010 08:05 PM

Quote:

Originally Posted by slodave (Post 5240144)
Ouch! Tough state...

Well at least was not in Singapore ... possession of 2 grams of ANY controlled substance = mandatory death penalty, usually carried within a month.

Dottore 03-16-2010 08:33 PM

Quote:

Originally Posted by jriera (Post 5240602)
Well at least was not in Singapore ... possession of 2 grams of ANY controlled substance = mandatory death penalty, usually carried within a month.


No, no, no!

Singapore has changed since the son took over. It actually tries to be liberal.

Very few death sentences unless its large scale heroin sales etc.

You can see kids firing up reefers on Boat Quay these days.

cstreit 03-16-2010 09:27 PM

Quote:

Originally Posted by Dueller (Post 5240177)
Moses...I believe you mentioned entrapment. In our state to prove entrapment you must show no predisposition to commit crime. Informant (to save his own skin as he has pending charges) will testify that he knew he smoked weed and had said he knew where to get some. That's apparently enough in our state to show predisposition according to numerous cases.

About the only way to assert an entrapment defense is to show a police officer sold something to you to sell to another police officer.

That frankly is crap. If cop asks you to commit an illegal act it's entrapment, but when he threatens some dirtbag to ask you, it's not? Total BS.

Jim Bremner 03-16-2010 09:37 PM

I will piss off a TON of people here.

The choice of 1 of the following.

4 year stint in the armed forces

1 year in jail

2 years picking up trash etc.

20 lashes (this should make him butt ass afraid to remove the tag on his mattress or jay walk. AND not cost us, the tax payer much. )


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