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Is this standard???

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nomeansno

Member
What is the name of your state? doesn't matter

I have very little experience in our court systems, so I'm just curious. I've never been in trouble aside from minor traffic offenses, and only two of those... recently I've come to realize that the court system is nothing like I thought it was... So is a plea bargain like this common?

Charges stem from a domestic violence situation, where a father kidnapped his own child at gun point, beat his former spouse and misc. All charges are from a single incident...

Charge:Trespass 1-Dwelling (Class 5 Felony)
Disposition: Dism by DA

Charge: Dangerous Weapon-Possession (Class 5 Felony)
Disposition: Dism by DA

Charge: Child Abuse-Negligently Cause Bodily Inj (Class 2 Misdemeanor)
Disposition: Dism by DA

Charge: Concealed Weapon (Unclassified Felony)
Disposition: Dism by DA

Charge: Dangerous Weapon-Possession (Class 5 Felony)
Plea of Guilty
Probation: 18 Month(S)
Probation Supervision Fee: $900
Jail: 7 Day(S)
Community Service: 60 Hour(S)

Charge: Dangerous Weapon-Possession (Class 5 Felony)
Plea of Guilty
Jail: 7 Day(S)
Community Service: 60 Hour(S)

Charge: Illegal Weapon-Possession (Class 1 Misdemeanor Traffic)
Disposition: Dism by DA

Charge: Marijuana/Use/Sell/Dist/Manuf 2m(Unclassified Felony)
Disposition: Dism by DA

Charge: Marihuana-Possession Under 1 Oz. (Class 2 Petty Offense)
Disposition: Dism by DA

Charge: Poss of Drug Paraphernalia 2P (Unclassified Felony)
Disposition: Dism by DA

Charge: Drug Paraphernalia-Possess
Disposition: Dism by DA

Charge: Child Abuse-Simple (Unclassified Felony)

Disposition: Dism by DA

Charge: Harassment-strike/shove/kick (Class 3 Misdemeanor)
Disposition: Guilty
Status: Active Probation: 18 Month(S)
Community Service: 60 Hour(S)
Jail: 7 Day(S)

Charges: Tresp, 1st-Dwelling (Unclassified Felony)
Plea: Plea of Guilty
Status: Active Probation: 18 Month(S)
Community Service: 60 Hour(S)
Jail: 7 Day(S)

Charges: Harassment 1M (Unclassified Felony)
Charges: Insur, no Proof of (Unclassified Felony)
Charges: Dangerous Weapon-Possession (Class 5 Felony)
Charges: Dangerous Weapon-Possession (Class 5 Felony)
Charges: 1st Deg-Dwelling (Unclassified Felony)

For all of that the guy is sentenced to a total of 7 days in jail, 60 hours of communtiy service, and 18 months probation?

And it seems like the DA dismissed some of the more serious charges in favor of smaller charges? Is this standard in plea bargains or did the guy just get lucky??? Why would the DA do that? Just to get someone to plead guilty so they can avoid a jury trial or is there another reason?

Sorry, i really am just wondering how the system works...
 


garrula lingua

Senior Member
You don't know all the facts.

It might not have been provable as 'kidnap' of his child.

He may have had a defense to the spousal assault charge (such as self-defense).

Sounds like he pled to trespass, harassment/simple battery, and possession of a dangerous weapon.

If he had no record, the Prosecutor would probably give him a break. Most Pros are very willing to take cases to trial, but think about it: what's best for society ?

He's on probation now; if he violates, he'll go to jail - no trial, no need for witnesses.
Think about the witnesses - is that child going to take the stand and testify agin his Dad ?
Is his ex going to testify, after she realizes she won't get the financial support from him when he's in jail and loses his job ?
Does he have viable defenses ? self-defense, mutual combat, protection of the child ?
Is this guy likely to re-offend again ?
Is jail going to make an impact on his future behaviour ? Seven days should have convinced him that jail isn't where he wants to be & should keep him convinced.

I can see facts which fit your scenario & that sentence would be appropriate, IMO, but...
Maybe he should have been ordered to psych counseling or anger management classes & the gun confiscated & destroyed & stay-away from ex order.
 

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