Criminal Law Questions? Ask a Criminal Lawyer.
Good evening. I'll be assisting you with your question.
As far as whether this is reversible error, probably not. The judge has very wide discretion in directing the order of the trial and maintaining control over how the trial proceeds. As long as she was afforded the opportunity to testify, it isn't reversible. The fact that she was unable to get through the testimony is not reversible.
Also, in order to even make it an issue on appeal, her attorney must first object.
Okay, so how do they decide which prison?
As far as deciding what prison she is sent to, the judge can make a recommendation, but FDC ultimately makes the determination based on her risk factors and security classification.
no priors, level 6, what's your guess as to min med or max?
just a guess.
Because it is a violent felony, she will probably initially be classified as medium.
But, she will be able to work her way down to a minimum.
medium would be great. I know you hear this all the time, but I would literally bet my life she is innocent. She was in the wrong place at the wrong time doing nothing illegal and defended herself against a crazy woman. She was backed into a corner and had no choice. BUT SHE DIDN'T TESTIFY, so the lunatic's testimony convicted her. Also she's black and it was an all white jury. one hour to convict her. This is the gentlest sweetest woman you could ever meet. Slap her in the face she'll give you the other cheek and say, "Bless you.'' INCAPABLE of spontaneous premeditated violence. Maybe she can survive medium but never max. She already told her boyfriend on the phone that she's "going home." She is extremely religious and that means suicide. It's just a question of how she does it. Thanks very much for you respone, and I will leave you a token tip as I'm not well off, and of course an excellent rating.
that was spontaneous OR premeditated.'
Can't be both, right?
I understand. Hopefully the judge will see all of that and give her a light sentence. No, it can't be both premeditated and spontaneous.
But she never testified so he doesn't have the slightest idea who she is. We're all retired white businessmen, and she has been our physical cartaker for eight months, and we're alll going to court on sentencing day, but we hear this judge is very, very harsh. We'll see. Thanks again
there are at least three of us going, and maybe five.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).