Someone I know was arrested back in 2010 for Assault 4th degree and malicious mischief. She spent a night in jail. The judge gave her a Stipulated Order of Continuance for 18 months. Bascially, if she was good, with no new criminal activity/charges the city agreed to dismiss the case. If not, it stated that she would be charged at sentenced for the crimes. The maximum that the judge circled was 365 days in jail/$5000 fine for each of the two Gross Misdemeanors.
Well, in May of 2011 this year, she was again arrested and spent the night in jail for Malicious mischief 3/DV. She is being charged with the new crimes, which is currently in pre trial stage(I'm hoping she is found guilty). I have called the district court to see if she was being sentenced but since it is still in pre trial stage, it is unknown at this point. When she went for her probation review hearing, the prosecuting attorney mentioned a pending violation.. then there was a 90 day continuance because the lawyer was just given discovery that morning. She went to court in the beginning of August for another review hearing and the court clerk informed me when I called that her attorney just put in an affidavit for a new judge, which means another 60-90 day continuance.
I am hoping she goes to jail for both the probation violation as well as the new DV charge. She has a lengthy criminal history and has gotten away with just a slap on the wrist for all of her crimes. Every single time.
Now, my questions: Do you think she will be sentenced to jail for the new dv charge, since she is already on probation for a different DV charge? Does already being on probation make a difference in the judges desicions? Do you think she is asking for a new judge because she knows she will go to jail and she is hoping that the new judge is lenient? I know that the stipulated order states 2 years in jail for both crimes, no jury or speedy trial, but she always gets off. Both charges happened in the same County, but different cities, meaning different district courts.
I really hope she gets some kind of jail time. She has always gotten away and I am tired of seeing her ruin lives and walk away.
Well, in May of 2011 this year, she was again arrested and spent the night in jail for Malicious mischief 3/DV. She is being charged with the new crimes, which is currently in pre trial stage(I'm hoping she is found guilty). I have called the district court to see if she was being sentenced but since it is still in pre trial stage, it is unknown at this point. When she went for her probation review hearing, the prosecuting attorney mentioned a pending violation.. then there was a 90 day continuance because the lawyer was just given discovery that morning. She went to court in the beginning of August for another review hearing and the court clerk informed me when I called that her attorney just put in an affidavit for a new judge, which means another 60-90 day continuance.
I am hoping she goes to jail for both the probation violation as well as the new DV charge. She has a lengthy criminal history and has gotten away with just a slap on the wrist for all of her crimes. Every single time.
Now, my questions: Do you think she will be sentenced to jail for the new dv charge, since she is already on probation for a different DV charge? Does already being on probation make a difference in the judges desicions? Do you think she is asking for a new judge because she knows she will go to jail and she is hoping that the new judge is lenient? I know that the stipulated order states 2 years in jail for both crimes, no jury or speedy trial, but she always gets off. Both charges happened in the same County, but different cities, meaning different district courts.
I really hope she gets some kind of jail time. She has always gotten away and I am tired of seeing her ruin lives and walk away.
