1st Felony stalking charge - Plea for misdemeanor?

[NikeEnergy]

What is the name of your state? California

My friend was arrested and cannot post the $25,000 bail. He is being held for the following:

646.9(B) Felony PC STLKING W/TEMP RST/ORDER
273.6(A) Misdemeanor PC VIO CT OR PREV DOM VIO
273.6(B) Misdemeanor PC PHONE HARRASSMENT

He got a restraining order against him for harrassing his ex-girlfriend. Then he got another restraining order for harrassing her new boyfriend. Then he was bugging her Mom. His intent was just to talk to her and get closure. Eventually his ex called him (after he called her first) and set him up to meet her. Well the cops were waiting for him and took him away. He had his Municipal Court arraignment on 7/15. He has his first prelim hearing on 7/28.

I think they broke up around Sep 04, the first TRO was around Feb 05 and he was arrested in Jul 05.

Assuming there is no evidence of violence or any other issues like priors, legal problems, etc, do you think if he pleas for the felony to be changed to a misdemeanor on 7/28 with anger management classes, probation, etc.. the prosecuting attorney will accept? What is the likelyhood, 98% 50% 25%?

If the plea is accepted will he get out of jail on 7/28? In addition, do you think he will face a fine?

Riverside California.

Thanks!

 

[CdwJava]

In Riverside County? Well ... if he has no prior record, I'd give it about a 50/50. Personally, I wouldn't plead it - but then, I'm not the DA.

Unless the DA is willing to offer to drop it to a misdemeanor, I wouldn't count on it. His attorney may want to approach the DA prior to the court appearance next week and feel him out on the issue. If the DA says "pound sand" then expect to go to county jail followed by a lengthy probation period.

I'd say that he is not likely to go to prison even if convicted of a felony. Its more likely he will face county jail, probation, and some form of a fine.

- Carl

 

[NikeEnergy]

Thanks for the reply. What is the incentive for the DA to ever accept a plea in these types of cases?

 

[NikeEnergy]

Also, I was wondering if asking for a no contest plea is likely?

 

[AmosMoses]

Also, I was wondering if asking for a no contest plea is likely?

"No contest" is essentially a guilty plea where the guilty plea can't be used as an admission of wrongdoing against him in civil court, so that isn't going to affect the punishment that he receives, criminally, that is. The political climate has a lot to do with what happens to him, along with the degree of ridiculousness he engaged in with all this harassment.

What is the incentive for the DA to ever accept a plea in these types of cases?

The same as any other, which is to avoid the time and cost of a trial yet still get a punishment that is "fair" to both sides.

 

[outonbail]

Stalking in violation of a restraining order isn't taken lightly these days. Too many nut cases have ended up doing serious harm or murdering their former girlfriends/wives.

He got a restraining order against him for harrassing his ex-girlfriend. Then he got another restraining order for harrassing her new boyfriend. Then he was bugging her Mom.

I would imagine that this guy was doing some serious stalking if it required three different restraining orders to keep him at bay (Girlfriend, Mother, new boyfriend) Just exactly what is it about "NO" that he doesn't understand?

His intent was just to talk to her and get closure.

Bull$hit, this is a lame excuse for him to continue to bother his ex girlfriend, mother and new boyfriend. How is his approaching the new boyfriend going to give him closure? From what you post, he's been doing this nonsense for nearly a year after they broke up. He refuses to let go and this makes him dangerous! Anyone who has ever been in this type of situation knows how scary it is to have to constantly look over your shoulder and worry about your vehicle/property being damaged and it is entirely uncalled for. This guy has been bothering this girl and her family for nearly a year, think about that. Do you believe he actually wants to just talk to her so he can have closure? Jeez, are you blind or what? You state that he spoke to her over the phone, so why did he have to go to see her? Needed one last look for closure? Maybe one last boink while he's there?
Don't count on him having his felony reduced, he had three restraining orders and he didn't get it, maybe some time will convince him to leave this girl alone.

[/QUOTE]Assuming there is no evidence of violence or any other issues like priors, legal problems, etc, do you think if he pleas for the felony to be changed to a misdemeanor on 7/28 with anger management classes,

Why would he need anger management class if he hasn't been considered threatening or violent?

Unfortunately, like Carl said, he probably will end up doing a little county time for his adolescent behaviour. Lets hope it gets the message accross, because it is obvious that so far, nothing else has!

 

[NikeEnergy]

I totally agree with all the posts. I'm just looking to try and give him some advice or hope on what to do when he has his preliminary hearing.

She played him like a doll. Before the restraining order and while they were still dating she slept with another guy. Then she told him this. They broke up and then later started seeing each other again. She would sleep with both from time to time. Got pregnant and then wouldn't tell my friend whos baby it was. Got an abortion and still he didn't know. She eventually did this playing both guys long enough and was so mean to him when she was with her new boyfriend. But from time to time she would go over and see my friend. Eventually all the emails and phone stuff got so caried away with lies and hate she took out a restraining order. blah blah blah...

The only harrassment that he performed that I'm aware of is phone and email. When he called her he talked to her roommate and she screamed at him. Then the next day he called her mom and he said she talked to him for a while (she did not have a restraining order on him only his ex and her new boyfriend). His goal in my mind was only to talk to her so he was trying to bug everyone around her enough to get her attention so she would talk to him. He is kind of like a girl in that he needs to talk things out. Then his ex called him and asked him what he wanted and he told her closure. She said OK let's meet. He fell for it hook line and sinker. She called the cops and they met him there. What a fool. Me and many of his friends told him let it go, she's setting you up but he wouldn't listen.

Now with no money, no car, and virtually no family, and no friends coming to his rescue he really got himself in a mess.

It's really sad the choices people make.