Home     Law Advice     Insurance Advice     Community    
Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Arrests, Searches, Warrants & Procedure

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 08-19-2008, 11:11 AM
Member
 
Join Date: Oct 2000
Location: Indiana
Posts: 226

(sex offense)need help understanding docket entry terminology


What is the name of your state (only U.S. law)? GA

I'm not sure if I am at the right forum for my question. If not, please forgive me.

Below is the court docket for a case where the defendant was charged with felony "child molestation". He pled guilty on 12/14, and there is a "P" in the column for "disposition stage". It also says "case closed." Please explain the proceedings/Events that I have in "BOLD" I included the entire docket in case it was necessary.
THANX for your help.

Proceedings/Events Date Type
6/27/2007 INDICTMENT NO.115 MARCH TERM 2007
7/30/2007 DEFENDANT'S DEMAND FOR INFORMATION [/b]
7/30/2007 DEFENDANT'S DEMAND FOR PRODUCTION OF MATERIAL DISCOVERABLE PURSUANT TO O.C.G.A. 17-16-4
7/30/2007 DEMAND FOR INDICTMENT AND LIST OF WITNESSES
7/30/2007 DEMAND FOR PRETRIAL DISCLOSURE OF EVIDENCE OF INDEPENDENT AND SEPARATE OFFENSES, WRONGS OR ACTS
7/30/2007 ENTRY OF APPEARANCE
7/30/2007 NOTICE OF DEFENDANT'S ELECTION TO PROCEED
7/30/2007 PLEA
7/30/2007 REQUEST FOR DISCOVERY , INSPECTION, PRODUCTION AND COPYING OF EVIDENCE FAVORABLE TO THE DEFENDANT AND FOR AN IN CAMERA INSPECTION WITH POINTS AND AUTHORITIES
8/2/2007 STATE'S DEMAND FOR DISCOVERY
9/20/2007 PETITION TO ADDRESS AND CONSIDER STATUS QUO**************.
9/20/2007 RULE NISI HEARING
9/24/2007 ORDER OF CONDITIONS OF BOND
9/26/2007 ORDER FOR TRANSCRIPTS
9/26/2007 STATE'S DISCOVERY RESPONSE,MOTIONS,NOTICES&DEMANDS **COPY ONLY SCANNED***
10/22/2007 1ST HEARING TRANSCRIPT ON CONDITIONS OF BOND
10/22/2007 SECOND HEARING TRANSCRIPT ON CONDITIONS OF BOND
12/14/2007 DEFENDANTS CHANGE OF PLEA
12/14/2007 ORDER ACCEPTING PLEA
12/14/2007 PLEA ACKNOWLEDGEMENT AND WAIVER
12/14/2007 RECEIPT - FOR PASSPORT -SIGNED BY LAWYER PETE THEODOCION
12/18/2007 FINAL DISPOSITION
7/2/2008 FINAL ORDER

(What is the difference in final disposition and final order?

Last edited by Thumbelina58; 08-19-2008 at 11:27 AM. Reason: wanted to be sure I was doing the "bold" part right...
  #2  
Old 08-19-2008, 10:13 PM
Member
 
Join Date: Oct 2000
Location: Indiana
Posts: 226

sentencing guidelines for "felony child molestation"


What is the name of your state (only U.S. law)? GA

Can someone tell me what the minimum/maximum puinishment would be for someone convicted of felony child molestation

Thanx!!
  #3  
Old 08-20-2008, 03:42 AM
Senior Member
 
Join Date: Aug 2004
Location: Southern California
Posts: 2,503
Quote:
Originally Posted by Thumbelina58 View Post
What is the name of your state (only U.S. law)? GA

I'm not sure if I am at the right forum for my question. If not, please forgive me.

Below is the court docket for a case where the defendant was charged with felony "child molestation". He pled guilty on 12/14, and there is a "P" in the column for "disposition stage". It also says "case closed." Please explain the proceedings/Events that I have in "BOLD" I included the entire docket in case it was necessary.
THANX for your help.
Well since you've received no other replies, I'll make an uneducated guess or two. Just don't bank on the accuracy of my interpretation, I'm just shooting in the dark here.
The "P" in the disposition box could be referring to a "Plea" being taken in the case. Case closed would mean there are no future hearings scheduled.

Quote:
Proceedings/Events Date Type
6/27/2007 INDICTMENT NO.115 MARCH TERM 2007
7/30/2007 DEFENDANT'S DEMAND FOR INFORMATION [/b]
7/30/2007 DEFENDANT'S DEMAND FOR PRODUCTION OF MATERIAL DISCOVERABLE PURSUANT TO O.C.G.A. 17-16-4
7/30/2007 DEMAND FOR INDICTMENT AND LIST OF WITNESSES
7/30/2007 DEMAND FOR PRETRIAL DISCLOSURE OF EVIDENCE OF INDEPENDENT AND SEPARATE OFFENSES, WRONGS OR ACTS
Everything above appears to be part of the discovery process in Georgia.
Quote:
7/30/2007 ENTRY OF APPEARANCE
7/30/2007 NOTICE OF DEFENDANT'S ELECTION TO PROCEED
7/30/2007 PLEA
This is apparently the defendants appearing and pleading not guilty to the charges.
Quote:
7/30/2007 REQUEST FOR DISCOVERY , INSPECTION, PRODUCTION AND COPYING OF EVIDENCE FAVORABLE TO THE DEFENDANT AND FOR AN IN CAMERA INSPECTION WITH POINTS AND AUTHORITIES
8/2/2007 STATE'S DEMAND FOR DISCOVERY
More discovery by the defendant and the state as well.
Quote:
9/20/2007 PETITION TO ADDRESS AND CONSIDER STATUS QUO**************.
Looks like a hearing and/or settlement conference
Quote:
9/20/2007 RULE NISI HEARING
Settlement or proposed plea entered, although not final.
Quote:
9/24/2007 ORDER OF CONDITIONS OF BOND
Bail is being considered/offered under specific conditions.
Quote:
9/26/2007 ORDER FOR TRANSCRIPTS
9/26/2007 STATE'S DISCOVERY RESPONSE,MOTIONS,NOTICES&DEMANDS **COPY ONLY SCANNED***
Hearing, looks like the state is responding to the conditions of bond and ordering transcripts (Of the Nisi hearing?)
Quote:
10/22/2007 1ST HEARING TRANSCRIPT ON CONDITIONS OF BOND
10/22/2007 SECOND HEARING TRANSCRIPT ON CONDITIONS OF BOND
The transcripts of the original bond hearing are filed with the court as well as the transcripts of the second hearing which probably has applicable changes entered which were not included in the first transcript.
Quote:
12/14/2007 DEFENDANTS CHANGE OF PLEA
12/14/2007 ORDER ACCEPTING PLEA
The state evidently offered a plea arrangement that the defendant agreed to accept, rather than fight the case in trial. The plea deal would have offered the defendant a chance to receive a lesser sentence of some sort in exchange for a guilty plea. So the defendant withdrew his/her not guilty plea and most likely plead guilty to either the original charges or to a lesser charge. The actual terms of the plea agreement would be detailed in the hearing transcripts on conditions.
Quote:
12/14/2007 PLEA ACKNOWLEDGEMENT AND WAIVER
The defendant agreed to the plea deal on record in open court. The judge explained what rights the defendant was waiving or giving up by agreeing to take the plea deal. The defendant acknowledged he understood and waived all his rights to due process.
Quote:
12/14/2007 RECEIPT - FOR PASSPORT -SIGNED BY LAWYER PETE THEODOCION
I'm guessing the defense attorney handed the court the defendants passport? This may have been one of the defendants bond conditions or agreed to in the plea agreement. My guess is that the defendant was probably not taken into custody yet and had to turn his/her passport in to help assure he/she didn't take flight before sentencing.
12/18/2007 FINAL DISPOSITION Sentencing and possibly begin serving time in custody?
7/2/2008 FINAL ORDER Possibly the court turned authority for the case over to a hospital or prison board, or even released the defendant per the plea agreement. There is no way of knowing what exactly was going on without reviewing the transcripts.
__________________
If you pick up a starving dog and make him prosperous, he will not turn and bite you for your kindness, but he will stand by your side until death.
This is the principal difference between a dog and a man.
  #4  
Old 08-21-2008, 08:37 AM
Member
 
Join Date: Oct 2000
Location: Indiana
Posts: 226

to outonbail..


Thank you so much for your reply!!! I understand parts of it a good bit better!!
  #5  
Old 08-21-2008, 08:39 AM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Quote:
Originally Posted by Thumbelina58 View Post
Thank you so much for your reply!!! I understand parts of it a good bit better!!
What parts don't you understand?
__________________
There are two rules for success:

(1) Never tell everything you know.
  #6  
Old 08-21-2008, 12:29 PM
Member
 
Join Date: Oct 2000
Location: Indiana
Posts: 226
[font="Comic Sans MS"]Well...

1. I'm not certain if he was giving his passport to the court, or if the court was returning his passport to him.

2.If he has or has not been sentenced yet

3. Why I can't find him on ANY states' sex offender registry or inmate registry. Shouldn't he be on one or the other? (assuming it is time-sensitive)

I HAVE found him all over the internet, though, as late as June 17, 2008. His name (A.....) pops up everywhere, always with a sex-related website. He's even so proud of himself that he includes his conviction in his internet id.

If you have any answers for these, I'd sure appreciate it. If you know of any websites that may help, give them to me- I'm not too lazy to look it up for myself.

THANX!

Last edited by m martin; 08-21-2008 at 02:06 PM.
  #7  
Old 08-21-2008, 02:08 PM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
1. I'm not certain if he was giving his passport to the court, or if the court was returning his passport to him.

A: My GUESS is that it was being returned.




2.If he has or has not been sentenced yet

A: My GUESS is yes; but you'd have to go to the courthouse to find the sentence.




3. Why I can't find him on ANY states' sex offender registry or inmate registry. Shouldn't he be on one or the other? (assuming it is time-sensitive)

A: These registries are iffy at best.
__________________
There are two rules for success:

(1) Never tell everything you know.
  #8  
Old 08-21-2008, 02:34 PM
Senior Member
 
Join Date: Aug 2004
Location: Southern California
Posts: 2,503
Quote:
Originally Posted by Thumbelina58 View Post
[font="Comic Sans MS"]Well...

1. I'm not certain if he was giving his passport to the court, or if the court was returning his passport to him.
It does sound like the court was returning it to his defense attorney. Which would indicate to me that he would again be allowed to travel at his own free will.
Quote:
2.If he has or has not been sentenced yet
Sure looks like it.

Quote:
3. Why I can't find him on ANY states' sex offender registry or inmate registry. Shouldn't he be on one or the other? (assuming it is time-sensitive)
May all depend on what he's been convicted of and the terms of his plea deal. They could have reduced his charges to possibly annoying a child or something along those lines, which wouldn't necessarily be an offense which requires his registering as a sex offender.
Since the court returned his passport, my feelings are that he wasn't convicted of a very serious offense.

Quote:
I HAVE found him all over the internet, though, as late as June 17, 2008. His name (A.....) pops up everywhere, always with a sex-related website. He's even so proud of himself that he includes his conviction in his internet id.
Well if he's molesting children it will eventually lead to prison. I bet he won't be bragging about his sex offense in prison.
__________________
If you pick up a starving dog and make him prosperous, he will not turn and bite you for your kindness, but he will stand by your side until death.
This is the principal difference between a dog and a man.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 07:58 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.