Does this sound right - sorry, it's long

[Belle0101]

I"ll call the people involved, our neighbors, "Jim" and "June".

The details of the situation have come from June and Jim, I don't have any first hand knowledge of it.

Jim was charged with 3 counts of sexual misconduct with a minor, 3 different girls. He's an adult.

He and June have steadily maintained that he didn't do anything and the girls are liars and tramps (other slang words but being a family board I can't say). Their defense was going to be defamation of character of the girls and that he never did anything. Also, he was going to have members of the community (business owners, the mayor) to take the stand as character witnesses. And lastly they were going to bring up that one of our officers was intimate with a minor recently and was never charged.

The day of the trial came and his lawyer advised him to take a plea. The details of the plea were such that he will not ever serve jail time. In taking the plea he also was able to bring the felony down to a Class D from a C.

He'll be sentenced in January and at the most a $10,000 fine, probation and registering as a sex offender. The dollar amount and time on probation is up to the magistrate.

They are also saying that if Jim can prove he has a 40-hour a week job, he hasn't worked in at least 3 weeks now, is working on his GED, and a letter from the army stating that if he didn't have a felony on his record they would accept him then the magistrate will drop it to a Class A felony. He'd have no fine, no probation and not have to register as a sex offender.

They've also said that the charges might be dropped all together.

It just doesn't seem to make sense to me. If he pled guilty then how can the magistrate drop all the charges? How does a Class C drop to a D and then a D drop to an A?

And, he was just questioned because 2 other girls have come forward. The one I don't know her age but she claims to have been groped. The other is over 18 and claims sexual battery and unlawful entry. He refused to talk to the police so it's been sent to the prosecuting atty. to see if he feels there is enough to file charges with.

If new charges are filed can they be brought up at sentencing?

Again, sorry that it's so long.

ETA: I forgot ... They were so adamant that he didn't do anything so why would he take a plea where he might have to register as a sex offended for the rest of his life?

 

[Serena]

No it doesn't sound right to me. I would think that someone innocent of these charges would fight tooth and nail to prove their innocence.

 

[Uncle Remus]

Sounds like a lotta story tellin' in your
post and I don't mean BY YOU!

 

[kdibattista]

No it doesn't sound right to me. I would think that someone innocent of these charges would fight tooth and nail to prove their innocence.

He would lose all credibility with me the second he pleads guilty.

 

[The Mystery Machine]

1 girl...ok, could be something there. 3 girls and now 2 more coming forward. Sounds like a monster to me.

 

[pigletz]

The whole thing sounds strange. How would he get a letter from the army if he's just working on his GED now? Wouldn't he already have to have his GED? My brother is an Air Force recruiter and I know he wouldn't write the letter. I'm not too sure about the Army.

 

[robinb]

I don't know about the legal aspects of charges being brought up at sentencing. My guess would be "no" because he has not yet been found guilty of these new charges. If he was already found guilty of other crimes then that would be considered in his sentencing.

They've also said that the charges might be dropped all together.

It just doesn't seem to make sense to me. If he pled guilty then how can the magistrate drop all the charges? How does a Class C drop to a D and then a D drop to an A?

This really struck me. The Army must be pretty hard up to fill their quotas if they are trolling for molesters to die in Iraq.

 

[robinb]

ETA: I forgot ... They were so adamant that he didn't do anything so why would he take a plea where he might have to register as a sex offended for the rest of his life?

ETA: It could be that he and his wife don't think he is really guilty because the girls are "sluts", etc. BUT they feel he is technically guilty so they are taking the plea which may, or may not, be better for him.

 

[Belle0101]

Thanks for the replies. I'm not familiar with criminal law, family law yes, so I thought, like Uncle Remus said, it's a lotta story tellin'.

robinb that makes sense that they feel since the girls are sluts that he really do anything but technically, or legally, he did. I hadn't thought about it that way until you pointed it out.

trolling for molesters to die in Iraq

Sorry but I laughed a bit over that and it's really not funny.

As for the Army letter, Jim says that his sister, who is in the Army, is taking care of it. How? I don't know.

Honestly we'd really like to see this family move but they already said if he has to register they won't move. They have to because of the proximity of their house to a park.

 

[Serena]

robinb that makes sense that they feel since the girls are sluts that he really do anything but technically, or legally, he did. I hadn't thought about it that way until you pointed it out.

Honestly we'd really like to see this family move but they already said if he has to register they won't move. They have to because of the proximity of their house to a park.

You know, that may be it. He doesn't feel he did anything wrong because of his opinion of those girls.

They say they won't move, even if they are supposed to? It sounds like they really don't give a rat's behind about rules now do they?

 

[disykat]

While I can believe there are situations where you might plead guilty to get a lesser charge if it is clear you are going to be found guilty regardless of your innocence, I doubt this is one of them.

As others have said, he may believe he isn't guilty because although he committed the offense he didn't feel it was wrong to do so.

I'm sad for June that she is supporting this slimeball. Bringing up that "someone else didn't and didn't get charged" is not exactly a brilliant strategy for claiming innocence. Neither is refusing to talk to the police about yet more charges.

 

[cuterlt]

I can probably answer your question about how the charges can be dropped altogether.
Even if he pled guilty, a judge can give him what's called a "conditional discharge" which is not an adjudication of guilt. In our state at least, it would mean that he could say he is not convicted and would not have to register as a sex offender.
It sounds like he and his wife are trying to justifying what he did. Thankfully the rape shield law would probably protect the victims from being smeared in court (depending on the judge of course). That may be something they took into account when he decided to plea.... The DA could also technically withdraw the plea if the new crimes were not known and the plea paperwork has appropriate language in it.
It's really disturbing that he has 5 victims.

 

[rie'smom]

This really struck me. The Army must be pretty hard up to fill their quotas if they are trolling for molesters to die in Iraq.

Hey,I think the army the army should take all convicted child molesters and send them to Iraq. They could drop them off in front of a mosque with a sign(in arabic) stating their crime. It sure would save us a lot of taxes.

 

[momrek06]

OP, I think you need to move...this neighbor, Jim, has some serious issues.

#1 his credibility...THREE girls...!!! One girl I would think differently (her word against his) BUT three girls have come forward. To me spells a 4 letter word = LIAR.

#2 his registering as a sex offender...won't it bring the value of the neighborhood down as rumor gets out he has chosen THIS plea and his NOW officially a registered sex offender living on YOUR street. See how the values DROP!!!! RAPIDLY!!!!


YUP, move!

 

[Stacerita]

His story reminds me of the old saying....."Where there is smoke, there is fire". Sorry, but that many girls coming forward saying basically the same thing, something has to be there.