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  1. #1

    Default Does A Plea Bargain Hold Up After A Probation Violation?

    What is the name of your state? OhiO . OK, Hello all, my name is Tara, and this is my first post btw. I have a few questions about a few things, and i hope some one can give me some input, and for those who do, thanks abunch in advance! OK, let me give you a short run down. My boyfriend is 26, and his first offense was a fel 3 Unlawful sexual conduct with a minor, he caught it after being 18 for not even 2 weeks. This girl never had sex with him, it was said she told him she was 16 and he was seventeen when he met her. It was said that a few weeks after he turned 18, while he was passed out from doing a few oxycontin, she gave him oral. Thus the charge.... because she was only 13, not 16...and he had just turned 18... He took a plea bargain for 2 years and also part of the plea bargain was he would be on parole for 5 years but he would NOT have to register as a sex offender as part of his accepted plea deal. He served 10 months and was released via a "judicial release". He had to be on parole still for 5 years, NOT have to register as a sex offender, and also if he violated parole he would get 9 months minimum for a pv, 14 months that by getting judicial made time to "hang over his head" that remained from his original sentence...... And also can catch a new charge and get even more time, but usually all ran concurrent.... He did catch a new charge while out on parole/judicial release. An assault charge fel 3 agg assault. He took another plea bargain for 1 year for that, with the 14 months (overhead) , ran CONCURRENT , Total : 14 months.... He served 14 months. Gets out with no PRC/PAROLE/PROBATION/etc...! But since his 2nd release had to register as a sex offender? And has to for the next 25 years???? When he got out on parole the first case, he did not have to and never did register as a sex offender? Shouldn't the stipulation that from catching this type of "case" , that it was part of his deal that by taking the plea deal he wouldn't ever have to register as an offender for the reason of catching that charge.?? Should he get a copy of the plea deal or transcripts from the first case? And if so, then what is the next steps?

    2nd question: I am pregnant with his kid, its a girl. Will him being a sex offender affect his rights to see his daughter, will he even be allowed to see her period? I want him to as much as possible, is it up to me or do i have no say so? (even though I want him to see her unlimited, and I will not contest it at all.)???

    3rd question: He owns a car that he has informed the local sheriff dept. of the make model, year, plate number, etc. Does that go into the CRC computer database? (when cops run your tag, the info the get back, tickets, car stolen status, warrants, parole status, criminal record history, etc,) is from the CRC computer database. If a cop runs his plate, will it come back like ALERT!!! Sex Offender ALERT!!! lol Will it come back on a tag or social security search?

    Well thats all my questions, for now..... Thanks everyone for reading this long winded post....sorry...


    Bye

  2. #2
    Join Date
    Sep 2005
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    Default Re: Shouldnt Plea Bargain Num 1 Still Hold Up???

    He violated his probation, and thus was resentenced. You don't get to keep the benefit of a plea bargain if you choose to violate your probation. His sex offender status may well show up when the police run his plates.

    He can discuss your pregnancy, and how his status as a sex offender might relate to parenthood, with his probation officer.

  3. #3
    Join Date
    Mar 2007
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    9,096

    Default Re: Does A Plea Bargain Hold Up After A Probation Violation?

    And, of course, it also depends on how old YOU are.

  4. #4
    Join Date
    Nov 2007
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    811

    Default Re: Does A Plea Bargain Hold Up After A Probation Violation?

    At the least he should have his attorney talk to the courts to see if the resentencing resulted in the RSO status. If it was a mistake they may reverse it. If it was not a mistake, then he is an RSO and may have regular visits by DFACS, DHHS, or whomever for the next 18 years. In some cases they will look at the facts (he was sodomized/raped by a 13 year old while he was passed out from illegal use of prescription drugs; definitely a posterboy for not to do drugs). Part of me thinks that a good attorney and admission by the 13 year old that he was passed out could have got him out of the charges.

    The problem is that you are also with a felon who appears to have anger issues. That will also result in DHHS being very concerned.

    His chances of getting a good education and a good job are shot. He would not even be able to get a felony waiver for the military with those 2 charges.

    Check with his attorney to see if the PV would have resulted in the RSO status and whether or not the court would be compelled to remove that status. If it was part of the deal that he be a good boy, then he is stuck with RSO status.

    When police officers run the plates and do an NCIC check on the computer they will see that he is a RSO. With the automated checks (cameras and a fast computer link) going on in the larger cities it would put him at greater risk for being stopped, particularly if he is where kids congregate. People can be nailed at a lot of fast food restaurants that have playgrounds because of language "wherever kids congregate" or even "playgrounds." ...so getting a fast food job may even be tough.

    It's easy for a Felon to get a FF job, but not an RSO.

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