plea bargaining....

[nmstorm32]

Colorado:

Forgive me for the length and detail of this post but I need some advice and i can't turn to anybody at my work, my HR, and my family, and my union has no clue what to think. So here I go...

I recently filed for divorce after 17 co-dependent abusive years. I stayed with my wife despite at least six different affairs and constant drug abuse (all on her part). I found out early last year that she had been cheating on me with another man for at least two years. The cheating had stopped but it hurt me bad. I also found out in February that she got pregnant and had an abortion (I had a vasectomy seven years ago and also got tested...couldn't be my baby).

This event even lead me to a suicide attempt and nearly two weeks in the hospital. Well, with that background information everything escalated and I was arrested on August 22nd. I have been charged with perjury 1 (I accidentally typed felony 1 earlier, I just changed that) and 2 perjury, felony attempting to influence a public officer, and misdemeanor stalking. I was suspended from my current federal job two days after my arrest. Last Friday, HR called me back and said that I was clear to come back to work which I have happily done for the last four days. I work in a position with a public trust clearance. I am honorably discharged from the U.S. Air Force. Before this incident I had never been in handcuffs much less arrested. I have an advanced degree and work as a GS-11.

I have reviewed the evidence against me and in my opinion it is very thin. Almost everything they have, they have gotten from my wife. I personally have not given them anything. It looks to me more like a domestic dispute than anything else but my wife has played the victim very well, so well that I have not been able to see my three beautiful kids (which is the main reason I stayed in my marriage as long as I did) for over a month. I am hoping (and assuming) that several plea-bargains will be offered. I have a public defender, which ironically, my soon to be ex complained to the Assistant DA that I inflated my costs in order to qualify for and now they are going to contest that...I haven't been able to speak to him for more than a few minutes but we have our first real meeting next week and our first real court appearance in two months.

What are the chances that I can plead to no felony charges? Please anyone reading this that needs more information, please ask. I am worried and my public defender has told me nearly nothing and has just added to my worry.

 

[ecmst12]

I notice you say nothing about what you did (or are accused of doing) that led to these charges.

 

[nmstorm32]

I notice you say nothing about what you did (or are accused of doing) that led to these charges.

I don't think I'm supposed to am I?

I'll write what I did in a general sense?

I found out that she had been cheating on me for several years and was heartbroken. She was made to believe that she was being stalked by the wife of the man she was cheating with for a year via text message, random phone call hang-ups, emails, and facebook posts. After seeing that her cheating ways weren't going to stop and her drug abuse (marijuana) was increasing rather than decreasing, things just got worse. The cops were finally involved. I am accused of lying under oath during a court hearing for a restraining order against the wife of the man my wife cheated with. I am accused of lying to the officer during an interview and trying to influence him and I am accused of stalking my own wife. I have a public defender and am waiting for the plea section of the trial. It's been five weeks and the public defender still has not had the time to speak with me. My wife turned in a lot of evidence of this stalking that she thought was being done by the vengeful lovers wife. I didn't turn any of it in to them. I just sat there like a sad, little man.

I wish I could go into more details but I think I've already written more than I should. Basically, I was a coward. Instead of leaving her years ago, I stayed and took the abuse. I didn't want to lose my family (I came from a very, very, very broken home) and was afraid of being alone for the rest of my life. I finally broke and wanted her to feel some of the pain she had made me feel for all those years. Really, all that ever happened was that she got text messages calling her a whore, a drug addict, and a bad mother and wife. That's it. She would freak out, start crying and yelling and that would be that. My problem is being accused of lying and stalking. It doesn't matter that she smokes weed all day and cheats and cheats and cheats. I haven't seen my kids in five weeks and I miss them dearly. I am confused, sad, and I feel alone.

 

[OHRoadwarrior]

Something is very fishy in the state of Denmark.
How did OP get to a public defender, when these are the standard 2012 GS-11 pay levels.

11
50,287 - 1
51,963 - 2
53,639 - 3
55,315 - 4
56,991 - 5
58,667 - 6
60,343 - 7
62,019 - 8
63,695 - 9
65,371 - 10

 

[nmstorm32]

Something is very fishy in the state of Denmark.
How did OP get to a public defender, when these are the standard 2012 GS-11 pay levels.

Actually, I make even more than that because I'm not on the regular GS payscale (I'm on an I.T. specialty GS pay scale). The felony charges counted for 100 points (I needed 150 points to qualify) and my bills put me just over the top. I have to pay over $1,000 per month in medical bills for my now 12 year old son. He had Hodgkins lymphoma about four years ago and the battle was mostly covered by insurance but what was left over was still incredibly expensive. A third party company bought the debt and sued me and won in court. I have over $500 taken out of my check each pay period to cover the medical bills alone. Add that to my other expenses and crazy costs of the student loans I'm paying back and I qualified...barely.

Although my soon to be ex-wife did complain that I'm not paying rent right now so the ADA said they were going to contest my qualifying for a public defender. I had counted the fact that when I was arrested my soon to be ex-wife cleaned out our savings account (about $6,000) and I counted that as her rent.

Also, I haven't been a GS-11 for long and before that I didn't make much $.

Nothing fishy at all....I'm being as honest as I posisbly can be.

 

[swalsh411]

This is serious enough that you need to hire an attorney even if you have to go into debt. We're talking about the rest of your life here.

 

[nmstorm32]

This is serious enough that you need to hire an attorney even if you have to go into debt. We're talking about the rest of your life here.

So...you think that I should hire an attorney even if I have a public defender (and I get to keep him)? My first meeting with the public defender is tomorrow morning so I'll know much more by then.

Frankly, I thought that most of what they had against me was total BS evidence but what the heck do I know?

 

[dave33]

So...you think that I should hire an attorney even if I have a public defender (and I get to keep him)? My first meeting with the public defender is tomorrow morning so I'll know much more by then.

Frankly, I thought that most of what they had against me was total BS evidence but what the heck do I know?

Well,1st offI don't know why your ex has anything to do with the whole public defender situation. The finances you have claimed to qualify is none of her concern. How did she get this information? Your attorney and yourself have yet to make a courtroom appearance, so how does she know who is your attorney?

I believe you should absolutely hire an attorney. You said yourself you haven't even been able to talk to your lawyer. You need to pick yourself up and protect yourself. You will soon regret letting whatever happens, happen. The effect on your life from decisions reached in court over this case can be quite significant. More so than you could ever realize at this time. goodluck.

 

[nmstorm32]

Well,1st offI don't know why your ex has anything to do with the whole public defender situation. The finances you have claimed to qualify is none of her concern. How did she get this information? Your attorney and yourself have yet to make a courtroom appearance, so how does she know who is your attorney?

I believe you should absolutely hire an attorney. You said yourself you haven't even been able to talk to your lawyer. You need to pick yourself up and protect yourself. You will soon regret letting whatever happens, happen. The effect on your life from decisions reached in court over this case can be quite significant. More so than you could ever realize at this time. goodluck.

We aren't divorced yet. She met with the Assistant district attorney last week (because she is somehow a stalking victim) and between the two of them, they decided that I was over-stating my bills. I claimed on my public defender application that I was paying rent of $1145 per month. I figured this would be okay since she took more than $5,000 from my account and left it at negative $1,450. I figured that she had rent covered for at least 1/2 a year with what she took. I didn't even include all of my bills at the time of application because I didn't need them all to qualify and I just wanted to get the form filled out and in the system. My public defender told me during our first hearing (which was just a hearing to set a hearing that I can plead at) that the ADA was going to contest my qualification. That is the only time we've been able to talk and it was very limited. I do like the guy, he appears very intelligent...but I am terrified of the consequences of these charges.

Believe me, I know exactly what these charges mean. I work for the federal government and if this stuff sticks, I lose my job and because of the type of sensitive work I do, I might not ever get another one. I don't have any money though...zero, and I come from a very poor family so it's not like I have people with money to help. On top of that, we filed bankruptcy about four years ago (my soon to be ex wife and I) because of my sons cancer which hasn't stopped dozens of collectors from trying (and even suing) for more and more money from his treatments, procedures, and more. I've tried getting loans of various forms over the last four weeks and have been rejected each time. I don't have a co-applicant and even if I did, my family isn't very credit worthy. The irony is that up until this moment, I felt like I was a goody-two shoes. I served six years in the Air Force, have a Masters in Computer Science, work for the federal government, and hadn't had as much as a speeding ticket much less hand cuffs on me. My problem was always that I was co-dependent and thought that I would live alone forever by myself if I left my cheating wife. My self esteem has improved since then but my finances have not.

I know a paid attorney would be ideal but I don't know how to pay for it. I do have my current federal job though. It's funny because they suspended me with pay for a month while they investigated this whole thing then cleared me to go back to work last Monday. They had the OIG do the investigation, communicated with the county investigators who are charging me and cleared me to go back to my sensitive job. I was shocked. It's ironic that the federal government cleared me so quickly while the county has charged me with such significant crimes (and i was told by the federal inspectors that they did significant research and still cleared me). At least I have that going for me.

I've been looking for a pro se' (spelling?) attorney or someone willing to take payments but I've had no luck so far.

 

[nmstorm32]

I apologize to all who have read my posts because I do realize that I have rambled on at times and it's hard to include all the details of a case without writing a knowledge. I do appreciate the advice I've been given though and hope more people can include their input.

 

[dave33]

It seems ridiculous for your ex and the d.a. to be discussing your financial situation in regards to the p.d, rather than your case. It seems vindictive on her part. Unless of course she feels strongly that the public defender system is being abused (I tend to doubt it). It seems the verdict of this case can effect you significantly forever. With yourn current employment there are ways to get money. The 1st one that comes to mind is a payday loan. The point is, get the money, a few hundred just for a downpayment on the retainer. Whatever it takes, friends, family, pawnshop a few bucks here and a few there will eventually amount to something. Do not let depression for the moment dictate your future. Get angry and get determined and achieve this financial goal.
A public defender may be able to reach a reasonable plea deal but you may not want this. You may want to submit motions and try for a dismissal or if this goes to trial a not guilty verdict. You need to hire an attorney. A public defender has no investigator to question witnesses and no body to help with the case, to help with research and many other things that will help with an effective defense. Figure something out, Get er' done!

 

[st-kitts]

I don't think I'm supposed to am I?

I'll write what I did in a general sense?

I found out that she had been cheating on me for several years and was heartbroken. She was made to believe that she was being stalked by the wife of the man she was cheating with for a year via text message, random phone call hang-ups, emails, and facebook posts. After seeing that her cheating ways weren't going to stop and her drug abuse (marijuana) was increasing rather than decreasing, things just got worse. The cops were finally involved. I am accused of lying under oath during a court hearing for a restraining order against the wife of the man my wife cheated with. I am accused of lying to the officer during an interview and trying to influence him and I am accused of stalking my own wife. I have a public defender and am waiting for the plea section of the trial. It's been five weeks and the public defender still has not had the time to speak with me. My wife turned in a lot of evidence of this stalking that she thought was being done by the vengeful lovers wife. I didn't turn any of it in to them. I just sat there like a sad, little man.

I wish I could go into more details but I think I've already written more than I should. Basically, I was a coward. Instead of leaving her years ago, I stayed and took the abuse. I didn't want to lose my family (I came from a very, very, very broken home) and was afraid of being alone for the rest of my life. I finally broke and wanted her to feel some of the pain she had made me feel for all those years. Really, all that ever happened was that she got text messages calling her a whore, a drug addict, and a bad mother and wife. That's it. She would freak out, start crying and yelling and that would be that. My problem is being accused of lying and stalking. It doesn't matter that she smokes weed all day and cheats and cheats and cheats. I haven't seen my kids in five weeks and I miss them dearly. I am confused, sad, and I feel alone.

Wait....

So, you pretended to be your wife's lover's wife and sent harassing messages via text, phone and facebook.

Your wife got so upset by the stalking, which she presumed was being done by her lover's wife, that she went to court and filed for a restraining order.

Then, you knowingly went along with your wife attempting to get a restraining order on her lover's (INNOCENT) wife? And possibly participated in the court hearing where your wife requested this order????!?

In other words, you framed your wife's lover's wife in an attempt to get back at your wife???

I tend to guess your security clearance days might be numbered...

 

[nmstorm32]

It seems ridiculous for your ex and the d.a. to be discussing your financial situation in regards to the p.d, rather than your case. It seems vindictive on her part. Unless of course she feels strongly that the public defender system is being abused (I tend to doubt it). It seems the verdict of this case can effect you significantly forever. With yourn current employment there are ways to get money. The 1st one that comes to mind is a payday loan. The point is, get the money, a few hundred just for a downpayment on the retainer. Whatever it takes, friends, family, pawnshop a few bucks here and a few there will eventually amount to something. Do not let depression for the moment dictate your future. Get angry and get determined and achieve this financial goal.
A public defender may be able to reach a reasonable plea deal but you may not want this. You may want to submit motions and try for a dismissal or if this goes to trial a not guilty verdict. You need to hire an attorney. A public defender has no investigator to question witnesses and no body to help with the case, to help with research and many other things that will help with an effective defense. Figure something out, Get er' done!

I agree, they should not have been talking about it and she is very vindictive. She has done a lot more to hurt me than I have her. I am going to meet with the public defender in the morning. After that, I do believe that I will find someway....anyway, to get my own attorney. I don't know how yet but enough people are saying the same thing that I think I need to figure out a way.

 

[nmstorm32]

Wait....

So, you pretended to be your wife's lover's wife and sent harassing messages via text, phone and facebook.

Your wife got so upset by the stalking, which she presumed was being done by her lover's wife, that she went to court and filed for a restraining order.

Then, you knowingly went along with your wife attempting to get a restraining order on her lover's (INNOCENT) wife? And possibly participated in the court hearing where your wife requested this order????!?

In other words, you framed your wife's lover's wife in an attempt to get back at your wife???

I tend to guess your security clearance days might be numbered...

It's more complicated than that but you are good at reading between the lines. I would've thought my clearance would have been gone when this whole thing started but they cleared me. I have all my access rights back and I've already spoken to everybody that I need to. Reading it on the page the way you wrote it makes me feel horrible. I've done some stupid things in my life all because I was too chicken, too weak to stand up for myself and just leave. I've been dead wrong with some of my choices and I know it. I can't take them back even though I wish I could.

I'm doing everything I can to become a better man and a better father for my children. I'm on anti-depressents and seeing a psychiatrist and a counselor. I know in my heart that I'll never do anything stupid like this again. I know that I need to make this up to my children and to others. I know I can't properly provide for my children if I can't work though so as regretful as I am about my actions, I need to keep my job.

 

[st-kitts]

It's more complicated than that but you are good at reading between the lines. I would've thought my clearance would have been gone when this whole thing started but they cleared me. I have all my access rights back and I've already spoken to everybody that I need to.

I know I can't properly provide for my children if I can't work though so as regretful as I am about my actions, I need to keep my job.

Only your security officers know whether you may or may not keep your clearance, and they may or may not be telling you the truth. They may be waiting to see if there is a conviction, in essence letting the case work through the process, before adjudicating your situation. I am skeptical you will keep your clearance if convicted.

With your IT background however, all is not lost. There is still high demand for IT professionals throughout many areas of the US (and hopefully this includes your area). I am being earnest when I suggest that it might not hurt to get your resume together and start putting out feelers for other jobs. If you get through this thing and keep your clearance, there is no loss. If it doesn't go the way you hope, you will be one step ahead of the game.

Good luck.