Jump to content

Recommended Posts

My wife was going through a rough time with her ex, he was filing for custody of their daughter complete with restraining order ECT. Her emotions were getting the best of her and she wound up climbing the local firehouse and threatening to jump if she couldn't see her daughter right then.Needless to say she was promptly scooped into the paddywagon and shipped out to a mental facility for evaluation.She returned some two weeks later with a diagnosis and a prescription. Somebody she got a ride with stole her meds and then got arrested for something and her meds went with him. She went down to the local sheriff office to try to retrieve them but was denied.By this time she was getting manic and said something to the effect of "well if you're not gonna give me my meds I should just go kill myself". This of course got her stuffed into a car and transported to our local hospital for a suicide watch. Her mental and emotional state by this time was deteriorating rapidly . She managed to walk away from the watch for some distance but was quickly tackled into a brick wall resulting in needing stitches in her chin,however she was thrown into the observation room bleeding, hurt ,scared and un-searched .She had a lighter on her and did what made sense to her at the time .Because nobody was paying any attention to her wounds and in her mind she was forgotten in this room she lit a blanket on fire. Long story short she is now convicted of felony arson convicted because she plead guilty . She was put on probation along with a bunch of other programs however she did not check in with them and was picked up walking down the street .probation Dept. is now revoking probation and recommending the terminal of 16mos in prison. Did I mention she is a bright 23year old and had NEVER been in trouble with the law before? Not only that but had graduated top of her highschool class with honours and was just a few college units away from a teaching credential. Now she is heading to prison. She has been denied bail since being picked up. I feel completely helpless .Please if anybody has any ideas let me know. Is it too late to retract her guily plea?...thank-you in advance

Share this post


Link to post
Share on other sites
1 hour ago, Helpmywifeplease said:

Did I mention she is a bright 23year old and had NEVER been in trouble with the law before?

 

Irrelevant. Most first-time criminals say that.

 

1 hour ago, Helpmywifeplease said:

Not only that but had graduated top of her highschool class with honours and was just a few college units away from a teaching credential.

 

Also irrelevant.

 

1 hour ago, Helpmywifeplease said:

Please if anybody has any ideas let me know

 

Here's one.

 

Hire a good criminal defense attorney right now.

Share this post


Link to post
Share on other sites

So your saying that by getting abducted ,beat up by law enforcement ,denied medical treatment , denied medication that was prescribed to her to help her stability, and the ultimate failure of the hospital and le to supervise her as it was a suicide watch after all, when after all this drives her to delusion and she makes an unwise decision that she would not of made had these things not been done to her  perform out of desperation a criminal act ....that she is a criminal??!!! ......ok I can see that. I guess maybe what I'm asking is do you think there's any chance that IF I could find an attorney that they could do anything ? Thanks

Share this post


Link to post
Share on other sites

The relevant facts are that she pleaded guilty to a felony, was granted probation, violated her probation, and is being incarcerated to serve her sentence.  Based on what you have described she cannot withdraw her plea.  I suppose one alternative might be to have her commited to a mental health facility rather than prison. 

Share this post


Link to post
Share on other sites
4 hours ago, Helpmywifeplease said:

do you think there's any chance that IF I could find an attorney that they could do anything ?

She needs an criminal defense attorney.  If you cannot afford to hire one, she can be appointed a public defender.  You won't know what is possible until a local attorney familiar with the court looks at the case.

Share this post


Link to post
Share on other sites
24 minutes ago, Helpmywifeplease said:

Point being she was never offered any alternative plea

That is entirely up to the prosecutor to make or not make.  The DA is not required to offer a deal. 

25 minutes ago, Helpmywifeplease said:

was not in her right mind to make an informed decision even if she had 

Well that argument isn't going anywhere.  Felony pleas are taken on the record with the judge asking the defendant direct questions to ensure that 1) they know what they're doing 2) they're doing so voluntarily and 3) they understand the consequences.  If either the judge or her attorney had any doubt, the plea wouldn't have happened.  I suspect one of the things she was supposed to do was attend mental health court.  If that's the case, it may be possible to have probation reinstated and her ordered to attend.  If that happens, why don't you make sure she gets there?

Share this post


Link to post
Share on other sites
3 hours ago, LegalwriterOne said:

That is entirely up to the prosecutor to make or not make.  The DA is not required to offer a deal. 

Well that argument isn't going anywhere.  Felony pleas are taken on the record with the judge asking the defendant direct questions to ensure that 1) they know what they're doing 2) they're doing so voluntarily and 3) they understand the consequences.  If either the judge or her attorney had any doubt, the plea wouldn't have happened.  I suspect one of the things she was supposed to do was attend mental health court.  If that's the case, it may be possible to have probation reinstated and her ordered to attend.  If that happens, why don't you make sure she gets there?

 

3 hours ago, LegalwriterOne said:

That is entirely up to the prosecutor to make or not make.  The DA is not required to offer a deal. 

Well that argument isn't going anywhere.  Felony pleas are taken on the record with the judge asking the defendant direct questions to ensure that 1) they know what they're doing 2) they're doing so voluntarily and 3) they understand the consequences.  If either the judge or her attorney had any doubt, the plea wouldn't have happened.  I suspect one of the things she was supposed to do was attend mental health court.  If that's the case, it may be possible to have probation reinstated and her ordered to attend.  If that happens, why don't you make sure she gets there?

Isn't the da and the prosecuter one in the same?

Share this post


Link to post
Share on other sites

In a last ditch effort I am going to write a letter to probation and ask them if they would give her a second chance under condition that i take responsibility for making sure she complies. My question is this....is there any language that should be used or tone that would help to convince them? Please don't say English .what I mean is it better to keep it brief or offer as many details as to why they should and how I can keep her checking in. Or would it just be a waste of time? Thank you in advance.

Share this post


Link to post
Share on other sites

Reading back over your post, it appears her probation has not yet been revoked but the probation officer has moved to revoke her probation and restore her sixteen month sentence.  Probation does not have the authority to revoke her probation.  Only a judge can do that.  So you should hire a local criminal defense attorney and have him try to intercede in the revocation proceedings.  Seriously, it is not a do-it-yourself process.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
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.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...