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Need to know possible options, please. 3rd Degree Felony, 1st time offense

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needhelpinutah

Guest
What is the name of your state? Utah

Thanks for reading. Here's the situation: my sister's boyfriend, heretofore known as SBF, accused of 3rd degree felony back in 2001. She's getting PhD from U of Chicago and has been working to go into the CIA. If he's convicted of a felony, she has no chance of getting into CIA due to her association with a felon. Her life's work will be blown. We're seeking possible options to the scenario.

SBF didn't even know he was in trouble, or that there was a warrant for his arrest & couldn't even remember any situation for which he could be in trouble. He's a good kid (with sometimes bad judgment & strange loyalty to family), hard worker, this would be his first offense other than a few small traffic incidents.

He's polynesian & his parents barely speak english (which comes into play later). He supported his family totally after father died. Hates Chicago, but moved there to support my sister through school. They have been together 10 years. Question #1: Would any of that info play to his advantage as to helping to plea this down at all?

Circumstances of the charge are these: SBF has cousin always in trouble. Apparently needs a ride to buy/sell (unsure at this time which) stereo equipment. Cousin offers SBF $50 for ride, and in an act of complete stupidity, SBF agrees. SBF waits in car, cousin goes to meet people & either takes the $ but doesn't turn over the equipment or vice versa. Cousin flees & tells SBF to go.

Cousin gets convicted & does 3 weeks & probably some probation, but never tells SBF that he turned him in to cops as the driver during questioning. Cousin is always in so much trouble that SBF doesn't even realize his jail time is related to that incident.

Papers for this warrant were served to SBF's mother's house, but she never tells him. She is in immigrant & barely can speak the language & doesn't understand a lot of what happens, especially with regard to something like this.

SBF & sister moved to Chicago for sister's PhD last fall, come home for summer (last month) & SBF is pulled over for traffic violation & then arrested due to the outstanding warrant. My questions are these:

#1 Is there any possibility of pleading this down to a lesser charge? What is the liklihood of success if SBF's lawyer approaches prosecution with plea bargain?

#2 Is deferred abjudication really as cut & dry as it appears? Will it really not affect future background checks & truthfully being able to answer to felony question on job apps? How would you need to proceed with this option?

#3 Are there any other options that can be pursued in this scenario that I haven't already covered or suggested?

Any information at all would be very much appreciated. Thanks in advance!
Needhelpinutah
 


HomeGuru

Senior Member
needhelpinutah said:
What is the name of your state? Utah

Thanks for reading. Here's the situation: my sister's boyfriend, heretofore known as SBF, accused of 3rd degree felony back in 2001. She's getting PhD from U of Chicago and has been working to go into the CIA. If he's convicted of a felony, she has no chance of getting into CIA due to her association with a felon. Her life's work will be blown. We're seeking possible options to the scenario.

SBF didn't even know he was in trouble, or that there was a warrant for his arrest & couldn't even remember any situation for which he could be in trouble. He's a good kid (with sometimes bad judgment & strange loyalty to family), hard worker, this would be his first offense other than a few small traffic incidents.

He's polynesian & his parents barely speak english (which comes into play later). He supported his family totally after father died. Hates Chicago, but moved there to support my sister through school. They have been together 10 years. Question #1: Would any of that info play to his advantage as to helping to plea this down at all?

Circumstances of the charge are these: SBF has cousin always in trouble. Apparently needs a ride to buy/sell (unsure at this time which) stereo equipment. Cousin offers SBF $50 for ride, and in an act of complete stupidity, SBF agrees. SBF waits in car, cousin goes to meet people & either takes the $ but doesn't turn over the equipment or vice versa. Cousin flees & tells SBF to go.

Cousin gets convicted & does 3 weeks & probably some probation, but never tells SBF that he turned him in to cops as the driver during questioning. Cousin is always in so much trouble that SBF doesn't even realize his jail time is related to that incident.

Papers for this warrant were served to SBF's mother's house, but she never tells him. She is in immigrant & barely can speak the language & doesn't understand a lot of what happens, especially with regard to something like this.

SBF & sister moved to Chicago for sister's PhD last fall, come home for summer (last month) & SBF is pulled over for traffic violation & then arrested due to the outstanding warrant. My questions are these:

#1 Is there any possibility of pleading this down to a lesser charge? What is the liklihood of success if SBF's lawyer approaches prosecution with plea bargain?

#2 Is deferred abjudication really as cut & dry as it appears? Will it really not affect future background checks & truthfully being able to answer to felony question on job apps? How would you need to proceed with this option?

#3 Are there any other options that can be pursued in this scenario that I haven't already covered or suggested?

Any information at all would be very much appreciated. Thanks in advance!
Needhelpinutah
**A: are you Mormons?
 
N

needhelpinutah

Guest
My family is not mormon, boyfriend's family is. He served an LDS mission to Atlanta, GA, and is somewhat active in the church.
 

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