Criminal Law Questions? Ask a Criminal Lawyer.
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Can you tell me if your ex was convicted of a felony or misdemeanor child endangerment?
thank you. misdemeanor child endangerment. all five guilty charges were misdemeanors.
Did your ex have any prior criminal convictions?
No. She has the same judge for her criminal that was our divorce. Not sure if it matters, but she has another criminal trial with him along with 3 petitions on file for contempt of court with the divorce. she has gone through 4 attys for divorce and 2 attys so far with criminal trial. This judge is fed up with her.
Thank you for your follow up.
Basically, these misdemeanor crimes carry a penalty of up to 1 year in jail and a fine of up to $2,500
When your ex's sentencing?
1/22/13. I guess what I am asking is....she shows no respect for the court orders or judge. Does he hold her accountable for her disregard or does he just have to go by what the statute of the law is?
Well, the judge cannot exceed the maximum penalty prescribed under the law.
Will she get jail time? and your opinion of how long, realistically. 5 years would be ideal for me but pretty sure that will not happen.
The law only allows a maximum penalty of 1 year for each misdemeanor count your ex has been convicted of and in most cases the court would sentence for the jail time to run concurrent for each count she is convicted of.
The court has discretion to sentence defendant to consecutive jail time on each count, but that doesn't happen so often and the court would have to justify it by showing that the defendant needs to be incarcerated in order to keep public safe or if the crimes with which defendant is charge are extremely egregious in nature.
So, I am afraid it is not likely that the court would sentence your ex to consecutive jail terms, but it is likely that she might be sentenced to serve some jail time, given her disregard for the court and the fact that she was found guilty at trial.
She was found guilty without a reasonable doubt. She had my 10 yr old son and he friend in her car while my ex tried to run down/wreck one of my employees in another car at speeds over 70mphs.
and I am sorry you had to go through this terrible experience and it is ashamed she wasn't charged with felony.
Do you have any related follow up questions?
No. thank you very much.