VanillaSkyGirl 6 #1 January 26, 2004 I need some help please regarding an incident that I discussed in THIS thread. I have been told that the scumbag had admitted his guilt in attacking me. I have been asked by my Assistant State Attorney to think of a punishment that I would like the court to impose. Personally, I want whatever was the maximum punishment available for his guilty plea based on his record. He has no prior sexual offenses. I was told that he most likely will not be given the maximum, which is up to 1 year in jail. I was told that most likely he will be placed on probation with rehabilitation. I was wondering if anyone could give me more legal advice. I do not know anything about these kinds of cases. I was wondering if I can somehow make sure that others know that he is a sexual predator. I know that he never finished the rape, but can he be given that "title". I was told by a friend that I should see if there is a way to be notified if he ever moves out to California, and/or if there is any way to make sure that he stays a certain distance from where I live at all times. The Assist. State Attorney (VERY difficult to get a hold of) and I have been playing phone tag for a couple of weeks, so I only have until tomorrow morning to decide. Anyway, she feels that the judge will not approve jail time for this SOB, since he will probably give some sob story about being an alcoholic. He has an alcohol problem, but that (to me) is completely different than trying to choke/rape a helpless stranger on the street (me). (I don't understand!!!) I told my Assistant State Attorney that I am willing to fly to Florida and to go to trial if I need to...if we cannot come to an agreement. I remember that my attacker looked so innocent that night as he walked by me...everyone was so shocked by his appearance vs. his actions. It was was most disgusted me about him. (DISGUSTING!!!) The one thing that I am happy about is that I was just informed that his wife left him as a result of this incident. I am soooo glad. She must be so horrified. Poor woman. Please help me, guys/girls. Anyone with legal advice, please PM me. (I can PM me #.) Anyone is welcome to post if you have general advice on how to handle all this. Thank you. Edited to add to my subject title. Quote Share this post Link to post Share on other sites
PhillyKev 0 #2 January 26, 2004 I'm sorry to hear that. Hadn't seen the prior thread. Depending on if the guy has any kind of assets, you could always file a civil suit and take everything he owns. Quote Share this post Link to post Share on other sites
rhino 0 #3 January 26, 2004 Does this PUKE have an address??? I'd like to pay him a visit... Anyone else up for a road trip?? I just wanna say hi to him...... Quote Share this post Link to post Share on other sites
Nightingale 0 #4 January 26, 2004 I'd go for a civil suit. Check with a lawyer about Florida law, though. Quote Share this post Link to post Share on other sites
rhino 0 #5 January 26, 2004 I'd go criminal.. Criminal will tie him down for the rest of his life.. It will label him.. Quote Share this post Link to post Share on other sites
QuickDraw 0 #6 January 26, 2004 QuoteI was told that he most likely will not be given the maximum, which is up to 1 year in jail. 3 months with 'Bubba' will seem like 5 years. What goes around, comes around. -- Hope you don't die. -- I'm fucking winning Quote Share this post Link to post Share on other sites
skymama 37 #7 January 26, 2004 I'm so glad he admitted to it, but I hope he doesn't get off easy! In order to get more help, maybe you should change your subject line to state that you need legal advice. Maybe the right people would open it then.She is Da Man, and you better not mess with Da Man, because she will lay some keepdown on you faster than, well, really fast. ~Billvon Quote Share this post Link to post Share on other sites
Laurel 0 #8 January 26, 2004 See if you can get a restraining order and see if he will have to file as a sex offender (notifying his neighbors that a sex offender has moved to their neighborhood, DA has to notify you of his whereabouts, etc.) A friend of mine is an Assistant District Attorney for the Sex Crimes Division in Louisiana and I can see if he has any information. But, he may not because it is in a different state. Also, sue the shiznit out of him in Civil Court...................................................................... PMS#28, Pelogrande Rodriguez#1074 My Pink M Quote Share this post Link to post Share on other sites
rhino 0 #9 January 26, 2004 Quote3 months with 'Bubba' will seem like 5 years. bwaahahahahaha.. true.. LOL Quote Share this post Link to post Share on other sites
kansasskydiver 0 #10 January 26, 2004 QuoteDoes this PUKE have an address??? I'd like to pay him a visit... Anyone else up for a road trip?? I just wanna say hi to him...... I'll join you rhino I too was not aware of the prior post and and touched by your strength and your words. I have 2 friends that are studying at law school right now and I will ask them. Not sure how much information they'll be able to give, but I will be sure I ask them what the max term and what else could be done. Blue warm fuzzies and feel free to pm me if you ever need anything Chris<--- See look, pink dolphins DO exist! Quote Share this post Link to post Share on other sites
Rebecca 0 #11 January 26, 2004 Rosa, I am so sorry you're still dealing with this. I'm most sorry that the bastard isn't going to get what he really deserves, from the sound of it. Well, Nightengale's idea of a civil suit isn't bad, though I have no idea what punishment he could get from that. At the very least, I think he should have a big tattoo on his forehead labelling him a sex offender. Since they won't do that, maybe require that he inform every employer, every county, city and neighborhood, and every state he move to, that he is a convicted sex offender. (Which he'd better be by the time this is over.) Wait a minute. You seriously feared for your life, and felt he would certainly kill you before it was over. Isn't attempted murder a more serious charge than attempted rape?? Couldn't they add that charge? GRR!! I want to kick him in the nuts!! Over and over!! Childish, I know, but that's what I want to do. You couldn't ask to do that, could you? Or maybe get a vet to fix him? Sigh. I don't know, Rosa, I'm not being much help. I just wanted to say sorry you have to go through this again. I hope one of you legal types can help our skygirl out. you've got to ask yourself one question: 'Do I feel loquacious?' -- well do you, punk? Quote Share this post Link to post Share on other sites
Nightingale 0 #12 January 27, 2004 She can do both. The criminal charges aren't filed by Rosa. They're filed by the state. The criminal case will be "the people vs. Creetin" the civil suit will be "Alva vs. Creetin". The criminal trial can send him to jail or put him on probation and the like. The civil suit will hit him financially. Our legal system recognizes two different kinds of cases—civil and criminal. A civil case is one in which a person who feels he has been wronged may bring legal action to protect his or her own interest or to collect damages from the person who has wronged him. The person whose rights have been violated brings the suit. In a civil case, the person who feels he has been wronged decides whether or not to bring suit against the person who has wronged him. He cannot request that the defendant go to jail except in unusual cases where the person he is suing may haveviolated a court order. In a criminal case, the prosecutor decides whether or not to initiate criminal proceedings, that is, to charge the defendant with committing a crime. The prosecutor also decides what legal penalty to ask for. In a civil case, it is up to the plaintiff, the person who has started the lawsuit, to prove his case with stronger evidence than the defendant has. In other words, the judge or jury must believe that the plaintiff has proven his case by a preponderance of theevidence. In a criminal case, the prosecution must prove its case beyond a reasonable doubt. This does not mean beyond all possible doubt, but it does mean the court or jury must have an abiding conviction to a moral certainty that the charge is true. This is a much heavier burden of proof than in a civil case. In a civil case, any person may be required to testify in court. Everyone has the right to hire and appear with his own attorney or to proceed without an attorney by representing herself. In a criminal case, the accused person cannot be made to testify, and he has the right to a free attorney, an attorney appointed by the court, if he does not have the money or property to hire one. The accused person in a criminal case has many other rights which defendants in a civil case do not have. A defendant in a civil case may also be the defendant in a criminal case for the same act—theft, for example. http://216.239.57.104/search?q=cache:4tXA-8C6YhIJ:www.lsba.org/Public_Resources/tape_9029.pdf+civil+criminal+differences+suit&hl=en&ie=UTF-8 Quote Share this post Link to post Share on other sites
cloudseeker2001 0 #13 January 27, 2004 Didn't you write that this guy was a drunk bum and he jumped out of the bushes, assaulted you, then ran away? Probably not much you can do and he probably doesn't have anything to take if you did win a civil suit. This one will probably go down as "experience"......with no prior offenses, this is strike 1. "Some call it heavenly in it's brilliance, others mean and rueful of the western dream" Quote Share this post Link to post Share on other sites
slug 1 #14 January 27, 2004 Glad they caught the "poor misunderstood drunk" who was "probably abused as a child". My guess is that this is the first time he got caught so he has no prior's. This is all SOP for the legal system & this sicko will reoffend. His wife didn't leave him just because this was the first time. With the guilty plea stay on his record forever as a sexual assualt? will he be required to register for the rest of his life as a registered sex offender? Being a convicted sexual offender and being required to register with the local police whenever he changes his address is like wearing a big scarlet letter on his fore head. When ever he moves the police in Wa state have to notify his new neighbor's. Maybe you can get hold of a rape crisis counsoler in florida, call fla cops or hospital for advice. The guy got a job or money is he represented by his own attorney? The civil route will only work if he got anything any P.I. can do a computer check with DOB SS# and name. The Fla asst state attorney is sending you a message by being very difficult to get hold of, plus you j]have a challenge with the 3 hr time change. Have you had a chance to talk to the Fla cops about any similer unsolved cases in the same area you were attacked. Sorry I'm not a lawyer but we've all seen this happen to often. The legal system isn't always fair to both parties, and a plea bargin is the only thing that keeps the "wheels of justice moving". R.I.P.[email] Quote Share this post Link to post Share on other sites
jdthomas 0 #15 January 27, 2004 I am up for a drive and it looks as if Kasnas skydiver could pick me up on his way south as well.. But seriously I am sorry to hear about this whole deal and our rosa is one strong girl. My positive thoughts for you are all I can provide at this time Rosa. Joewww.greenboxphotography.com Quote Share this post Link to post Share on other sites
slug 1 #16 January 27, 2004 Quote I am up for a drive and it looks as if Kasnas skydiver could pick me up on his way south as well.. But seriously I am sorry to hear about this whole deal and our rosa is one strong girl. My positive thoughts for you are all I can provide at this time Rosa. If the local jumpers could find out when the sicko has to appear in court for sentencing and give the guy the "look" maybe he & the judge will get the message or at the least they'll know what the sicko looks like. R.I.P. Quote Share this post Link to post Share on other sites DickMcMahon 0 #17 January 27, 2004 Rosa: You might try this link for help http://law.freeadvice.com/ Quote Share this post Link to post Share on other sites rhino 0 #18 January 27, 2004 QuoteIn a criminal case, the prosecutor decides whether or not to initiate criminal proceedings I think SHE is the one that says YES or NO I do or don't want to press charges.. The Prosecutor can't do a darned thing if she doesn't press charges.. Quote Share this post Link to post Share on other sites VanillaSkyGirl 6 #19 January 27, 2004 QuoteQuoteIn a criminal case, the prosecutor decides whether or not to initiate criminal proceedings I think SHE is the one that says YES or NO I do or don't want to press charges.. The Prosecutor can't do a darned thing if she doesn't press charges.. Yes, and I pressed charges. Thank you for the PMed advice, Rhino. You're a good guy. Quote Share this post Link to post Share on other sites hooked 0 #20 January 27, 2004 Rosa, I really wish I could help out here, but I can't. Hopefully, someone will turn you in the right direction for help and you will 'nail' this creep. Hang in there, we're here for you! Hugs and vibes to you. J -------------------------------------- Sometimes we're just being Humans.....But we're always Human Beings. Quote Share this post Link to post Share on other sites SkydiveNFlorida 0 #21 January 27, 2004 That's Florida for you. I'm sorry, Rosa. I would consult an attorney in Florida if you have the time/$$ to pursue this. There is a database of sexual predators in Florida... names, addresses, and pictures of every man convicted of a sex crime in Florida. I do not know how you can get him on there... I also don't know what good it'll do you considering how many men are on that site. I hate to sound discouraging... but take a look for yourself: http://www3.fdle.state.fl.us/sexual_predators/ In my county alone there are 1112 listed sexual predators. Do what you can, girl! Once it's too late, it's too late. I know you're feeling uncomfortable and upset right now, if you want to talk, pm me. angela. Quote Share this post Link to post Share on other sites Michele 1 #22 January 27, 2004 Rosa, did he plead guilty to a sexual battery/attempted rape, or simple assault and battery? My advice will depend on that. Ciels- Michele ~Do Angels keep the dreams we seek While our hearts lie bleeding?~ Quote Share this post Link to post Share on other sites bch7773 0 #23 January 27, 2004 QuoteI have been asked by my Assistant State Attorney to think of a punishment that I would like the court to impose. Personally, I want whatever was the maximum punishment available for his guilty plea based on his record. He has no prior sexual offenses. I was told that he most likely will not be given the maximum, which is up to 1 year in jail. I was told that most likely he will be placed on probation with rehabilitation. You can always ask the DA to not accept the plea bargain, if there is one. If there was a plea bargain, the DA can turn it down, which usually means he will get a longer sentence, but lots of times they push for a plea bargain since it makes the courts move faster. If there's not a plea bargain, I'm not sure what else you can do besides tell the DA you want the max sentence. Quote I was told by a friend that I should see if there is a way to be notified if he ever moves out to California, and/or if there is any way to make sure that he stays a certain distance from where I live at all times. You can always do a civil lawsuit, and/or get a restraining order. I think the restraining order will be pretty easy to get if he gets convicted of a crime against you. of course, i'm not a lawyer, but i just thought I would throw out some ideas. and I'm really sorry to hear this happened to such a nice person like you. Assholes like him give guys a bad name. MB 3528, RB 1182 Quote Share this post Link to post Share on other sites gmanpilot 0 #24 January 27, 2004 Rosa, PM sent. It sounds like his attorney and the DA may have reached an agreement already. Why would he admit guilt without an incentive?_________________________________________ -There's always free cheese in a mouse trap. Quote Share this post Link to post Share on other sites TheAnvil 0 #25 January 27, 2004 I was hoping they would castrate the worthless sonofabitch, throw his ass in prison, and misplace the key. Disappointing. Prayers for you, my friend.Vinny the Anvil Post Traumatic Didn't Make The Lakers Syndrome is REAL JACKASS POWER!!!!!! Quote Share this post Link to post Share on other sites Prev 1 2 Next Page 1 of 2 Join the conversation You can post now and register later. If you have an account, sign in now to post with your account. Note: Your post will require moderator approval before it will be visible. Reply to this topic... × Pasted as rich text. Paste as plain text instead Only 75 emoji are allowed. × Your link has been automatically embedded. Display as a link instead × Your previous content has been restored. 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DickMcMahon 0 #17 January 27, 2004 Rosa: You might try this link for help http://law.freeadvice.com/ Quote Share this post Link to post Share on other sites
rhino 0 #18 January 27, 2004 QuoteIn a criminal case, the prosecutor decides whether or not to initiate criminal proceedings I think SHE is the one that says YES or NO I do or don't want to press charges.. The Prosecutor can't do a darned thing if she doesn't press charges.. Quote Share this post Link to post Share on other sites
VanillaSkyGirl 6 #19 January 27, 2004 QuoteQuoteIn a criminal case, the prosecutor decides whether or not to initiate criminal proceedings I think SHE is the one that says YES or NO I do or don't want to press charges.. The Prosecutor can't do a darned thing if she doesn't press charges.. Yes, and I pressed charges. Thank you for the PMed advice, Rhino. You're a good guy. Quote Share this post Link to post Share on other sites
hooked 0 #20 January 27, 2004 Rosa, I really wish I could help out here, but I can't. Hopefully, someone will turn you in the right direction for help and you will 'nail' this creep. Hang in there, we're here for you! Hugs and vibes to you. J -------------------------------------- Sometimes we're just being Humans.....But we're always Human Beings. Quote Share this post Link to post Share on other sites
SkydiveNFlorida 0 #21 January 27, 2004 That's Florida for you. I'm sorry, Rosa. I would consult an attorney in Florida if you have the time/$$ to pursue this. There is a database of sexual predators in Florida... names, addresses, and pictures of every man convicted of a sex crime in Florida. I do not know how you can get him on there... I also don't know what good it'll do you considering how many men are on that site. I hate to sound discouraging... but take a look for yourself: http://www3.fdle.state.fl.us/sexual_predators/ In my county alone there are 1112 listed sexual predators. Do what you can, girl! Once it's too late, it's too late. I know you're feeling uncomfortable and upset right now, if you want to talk, pm me. angela. Quote Share this post Link to post Share on other sites
Michele 1 #22 January 27, 2004 Rosa, did he plead guilty to a sexual battery/attempted rape, or simple assault and battery? My advice will depend on that. Ciels- Michele ~Do Angels keep the dreams we seek While our hearts lie bleeding?~ Quote Share this post Link to post Share on other sites
bch7773 0 #23 January 27, 2004 QuoteI have been asked by my Assistant State Attorney to think of a punishment that I would like the court to impose. Personally, I want whatever was the maximum punishment available for his guilty plea based on his record. He has no prior sexual offenses. I was told that he most likely will not be given the maximum, which is up to 1 year in jail. I was told that most likely he will be placed on probation with rehabilitation. You can always ask the DA to not accept the plea bargain, if there is one. If there was a plea bargain, the DA can turn it down, which usually means he will get a longer sentence, but lots of times they push for a plea bargain since it makes the courts move faster. If there's not a plea bargain, I'm not sure what else you can do besides tell the DA you want the max sentence. Quote I was told by a friend that I should see if there is a way to be notified if he ever moves out to California, and/or if there is any way to make sure that he stays a certain distance from where I live at all times. You can always do a civil lawsuit, and/or get a restraining order. I think the restraining order will be pretty easy to get if he gets convicted of a crime against you. of course, i'm not a lawyer, but i just thought I would throw out some ideas. and I'm really sorry to hear this happened to such a nice person like you. Assholes like him give guys a bad name. MB 3528, RB 1182 Quote Share this post Link to post Share on other sites
gmanpilot 0 #24 January 27, 2004 Rosa, PM sent. It sounds like his attorney and the DA may have reached an agreement already. Why would he admit guilt without an incentive?_________________________________________ -There's always free cheese in a mouse trap. Quote Share this post Link to post Share on other sites
TheAnvil 0 #25 January 27, 2004 I was hoping they would castrate the worthless sonofabitch, throw his ass in prison, and misplace the key. Disappointing. Prayers for you, my friend.Vinny the Anvil Post Traumatic Didn't Make The Lakers Syndrome is REAL JACKASS POWER!!!!!! Quote Share this post Link to post Share on other sites
