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RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 13902
Experience:  Experienced in multiple areas of the law.
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Thank u for answer u reall help with my strees next question

Customer Question

Thank u for answer u reall help with my strees next question is im sure the prosecution is going to request for jail time but like people have told me that it doesn't matter what he says or what your lawyer say or what the recommendation is at the end of the day the judge is the one who gives the final word and yes my crime was not violent there was no one hurt and there was no one injured it was just me that committed the crime if I'm not mistaken a violent crime is where somebody get hurt or there's physical injury so for example if I commit arson but nobody was hurt but I only commit arson to destroy a garbage can I was told that's not considered a violent crime but if I destroy the garbage can with fire and it rolled into somebody's house and the house caught on fire and someone was burned that will be considered a violent crime so yes my crime was not violent it's a white collar crime do most people go to jail for white-collar crimes from what you've told me about seventy 30% I may get probation I'm really happy with your answer yes I've been on good behavior since case has been pending I pleaded guilty 6-7 months ago they keep pushing my court date up my question why would they do that someone told me thats a good thing to more time u out the more time the judge can say time serve and give probation is that true thank u
Submitted: 11 months ago.
Category: Criminal Law
Expert:  RobertJDFL replied 11 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 11 months ago.

You are correct that a violent crime is one where a person or persons are injured or killed. So, battery, murder, rape, or yes, even arson like in your example where people are injured can all be considered violent.

Not everyone who commits a white collar crime will go to prison, but some obviously do. Thing of for example, Bernie M***, who ran a Ponzi scheme. His crime wasn't violent, but he stole millions of dollars and ruined lives, and is spending the rest of his life in prison, having been sentenced to decades. The same is true of Lou P**, who once managed groups like NSync and the Backstreet Boys, but also was running a Ponzi scheme. Perhaps if they had stolen less money and actually made restitution (something else a court likes to see) the court would have gone easier. Conversely, think of the couple yesterday who was convicted of stealing from their company and defrauding the government -the prosecutor actually recommended probation and that is what the judge gave them.

A judge can also order prison/jail time, but then "suspend" the sentence, so that you never serve the time unless you violate the terms of your probation, such as by committing another crime. If you did any time in jail -say, for example, you spent months in jail before you could bail out, a judge could also order you to serve ______ amount of time, credit you time served, and suspend the remainder of the sentence. Judges have a lot of power in other words.

Aside from restitution, letters as to your good character, you staying out of trouble while awaiting sentencing, a lack of criminal history, another thing that I know impresses judges is where (if applicable) people take steps to correct the issues that led them to commit their crime. For example, lots of people steal because they have drug problems, and they need money to pay for the drugs. If a defendant voluntary goes into AA/NA, seeks counseling, etc. and shows that they are trying to do better and address the underlying issue, it makes them look good.

And of course, as I'm sure your lawyer told you, judges like a person who takes responsibility for their crime at sentencing, whether found guilty or they plead guilty. Standing up before the court and admitting with sincerity that you did wrong and are truly sorry for what you did -and not just that you were caught - can work in your favor.

As to why the court is moving your case up, I couldn't really speculate. It could be something as simple as there is time on the court docket (e.g., perhaps the judge had a trial scheduled that ended early or resolved itself by a defendant changing their plea) so the calendar opened up.

Expert:  RobertJDFL replied 11 months ago.

Was there anything else I could assist you with regarding this question or something I could clarify? If so, please do not hesitate to REPLY and I'll happy to assist further. If not, kindly remember to click on the stars at the top of the page and click the SUBMIT button so that I am credited for my time and assistance.

Thank you!

Expert:  RobertJDFL replied 11 months ago.

Attorneys are not employees of Just Answer, and rely on customers to leave positive ratings so that we are credited for our time and assistance.

If you need additional help, I'm happy to offer it, just let me know! Otherwise, I would kindly ask that you please remember to leave a positive rating now by clicking on the stars at the top of the page.

Thank you!