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How Much Time Will You Get for Forcible Rape and Witness Tampering

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  • 12-29-2012, 03:37 PM
    goldilocks
    How Much Time Will You Get for Forcible Rape and Witness Tampering
    My question involves criminal law for the state of: California

    Hello,

    An extended family member pleaded guilty to Forcible Rape; and felony Attempt to Dissuade a Witness in a plea bargain.

    He has excellent legal representation.


    My question is: About how much prison time can be expected when he's sentenced due to the plea bargain?

    He is keeping everything secret, but I found out about the felonies & plea via the Court Clerk.
  • 12-29-2012, 03:52 PM
    jk
    Re: Plea Bargain and Two Strikes
    if he is involved in a plea bargain, all bets are off. At best, somebody could provide you with what the statute allows as a penalty, If there is a plea bargain in place, part of it could be a reduced sentence.
  • 12-29-2012, 03:54 PM
    flyingron
    Re: Plea Bargain and Two Strikes
    Once it's approved by the judge, it will be public knowledge. You can inquire of the clerk. If you are a victim, see if they have a victim's advocate which usually will keep you informed of the case progress.
  • 12-29-2012, 04:09 PM
    cdwjava
    Re: Plea Bargain and Two Strikes
    If he is pleading guilty to forcible rape and felony intimidation, I can only imagine the extent of the original charges! Holy smokes!

    As flyingron said, if you are a victim you have a right to access information on the case. Check with your county's victim-witness advocate office and they can give you information. if you are a friend or loved one of the rapist, then you can wait until the matter becomes public record.
  • 12-29-2012, 04:50 PM
    goldilocks
    Re: Plea Bargain and Two Strikes
    Quote:

    Quoting cdwjava
    View Post
    If he is pleading guilty to forcible rape and felony intimidation, I can only imagine the extent of the original charges! Holy smokes!

    As flyingron said, if you are a victim you have a right to access information on the case.


    I am not the victim, so I will patiently wait until it becomes public record.

    He was charged with multiple felonies.
    I only know what three of them are...the two he pleaded guilty to, and another violent felony that he did not plead guilty to.

    I asked him what the others were many months ago before the plea deal, and he would not tell me.

    Will those be public info after sentencing?

    Or, can I find out now by asking the court clerk to see the transcript for his Arraignment on Information hearing?
  • 12-29-2012, 05:04 PM
    cdwjava
    Re: Plea Bargain and Two Strikes
    Quote:

    Quoting goldilocks
    View Post
    I am not the victim, so I will patiently wait until it becomes public record.

    He was charged with multiple felonies.
    I only know what three of them are...the two he pleaded guilty to, and another violent felony that he did not plead guilty to.

    I asked him what the others were many months ago before the plea deal, and he would not tell me.

    Will those be public info after sentencing?

    Or, can I find out now by asking the court clerk to see the transcript for his Arraignment on Information hearing?

    The original charges filed should be on the court website and public info.
  • 01-01-2013, 12:41 PM
    goldilocks
    Re: Plea Bargain and Two Strikes
    One detail I failed to mention is: Both felonies are DV related.

    Does DV have any influence on the sentencing procedure, or is there no difference whether the victim is a S.O. or a stranger?
  • 01-01-2013, 01:38 PM
    cdwjava
    Re: Plea Bargain and Two Strikes
    The specific code sections and associated enhancements will determine under what guidelines he can be sentenced by. Even if he had priors, if the DA does not properly file these priors, then he could be sentenced as a first offender. Likewise for any enhancements.
  • 01-23-2013, 07:47 PM
    goldilocks
    Re: Plea Bargain and Two Strikes
    I looked at the public records today.

    No wonder he didn't want to tell the family what all the original charges were:

    Five counts of Forcible Rape; One count Witness Tampering; one count DV.

    Sentenced to five years total in state prison.

    Our family gatherings should be *interesting* when he gets out.:wallbang:
  • 01-24-2013, 08:15 AM
    cdwjava
    Re: Plea Bargain and Two Strikes
    Well, HE created the situation and admitted to the crimes. HE should be the subject of family scorn, not any victim or anyone with a conscience who reported on him. If there exists some family member that blames the victim, then to HE** with that family member!
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