2010.04.27 Hope allegedly said "Everyone was supposed to plea the same way"

[Zoe Bogart]

It's tricky to appeal a no-contest plea Orlando Sentinel

Ask a Lawyer

9:14 a.m. EDT, September 28, 2009

Q Can a sentence given in a no-contest plea be appealed?

A Typically, any plea that is freely and voluntarily given by a defendant cannot be appealed. It makes little difference whether it was a guilty plea or a no-contest (nolo contendere) plea.

A no-contest plea, allowed in state but not federal court, basically states that the defendant does not admit or deny the allegations, but simply chooses not to contest them. It is at the judge's discretion to accept a no-contest plea.

One way to be able to appeal a no-contest plea is to have reserved your right to appeal a particular point of law when you were originally sentenced.

See more at link

http://www.orlandosentinel.com/features/orl-livask-lawyer-no-contest092809sep28,0,6759656.column

 

[21merc7]

"Everyone was supposed to plea the same way."
That's a scary comment to me. If it's true and Hope said it, does it mean something was up among Ron, Misty, Tommy and Hope? And how did they arrange this? As they were dealing and making plans if they got caught? I doubt that. I've always assumed a criminal does the crime because they expect they will not get caught.
Or did it get passed along while they were all being held?
I have a feeling we are going to learn more about this comment from her. It all stinks. jmo

AZ;

I think people committing these crimes discuss what will happen "IF" we get caught. I am uncertain if all of the lawyers and the prosecutors talked and decided all will plea the same and get x amount of time, (does not appear that way yet), but the druggies themselves may have made this agreement before capture.

I just had a 40 year old man tell me his last girlfriend did drugs, but was an assistant teacher at a local college, going for her PhD. She told him if they ever got pulled over or whatever scenario, that he should say the drugs were his because of her "position". This "man" agreed to this. Astonishing to me! Then there are the groups of druggies that all promise not to rat if caught, nameless scenarios.

 

[Melanie]

OMG why would she believe Ron, Misty, Tommy. What a loony-toon

MOO

 

[chesterp]

Putnam Cty is well-known in the State of Florida for DRUGS.....ask any young person who does drugs......

Probably these attorney's have more experience with these types of crimes...

Hope is no Angel....I think her atty did the best for her/his client and I applaud the Judge for his sentencing......

Hope did the crime...I do not feel sorry for her one bit. No one forced her to think about anyone else's CRIME...if she can't put her best interest first...her life...it is no one's fault but her own.

Being involved in a drug deal is illegal...cut/dry. She received the minimum not the maximun..

I can't wait until all the other sentences..oh, but wait, we need to go thru a trial and waste my tax money on these drug dealers. We only hear of this because of who she is related too.. this crap happens every day the same sentencing for people who break the law.

 

[Peliman]

I think the judge knew he was 10 steps behind at her last phone call, so he picked up the pace a lil. Kinda like the two step with a touch of fancy footwork by the Magistrate.

Judge, you've improved sooo much over last weeks performance. The lines were perfect, the footwork was amazing - I'm speechless.

I give it a 10!

 

[zoey]

Prepare for her to appeal on the basis that she is disabled. She has dysfunctional ESCRT-III, lacking essential components (such as mSnf7-2, one of the mouse homologs of Shrub) or containing ectopically expressed FTD3-associated mutant CHMP2B, causes dendritic retraction, autophagosome accumulation and neurodegeneration. She is afflicted with DUH Disease. It is genetic disorder that runs in their family and also in the Croslins.

I've heard of this genetic disorder--and concur that they do make a prime prospect of it---the DUH disease is a good and very established diagnosis...good call!!!:dance::crazy:

 

[debs]

Let's not forget, Hope's plea deal was an agreement she made with her lawyer. Recall her statement that "I didn't make that plea, my lawyer did." Guess her saying everyone was supposed to take the same deal is yet another lie in the midst of all the trouble.

Truth is, she had been arrested 2.....3 times? in the year Haleigh has been gone. They have her on video in a drug sting. She was never going to NOT serve time.

Ron doesn't have any power. Not anymore. This one was all on the court system.

 

[Tinsel]

ITA Tinsel. Today while listening to Hope's phone call to her mother, I thought about Misty using the same phrases when she was talking to her father. So many "I ain't gonna's". Someone that both of these girls believe highly in has told them not to worry, just plead nolo. Who else but Ron? All of these folks seem to believe that he is "da man"!:loser: This is more like it!

I'm convinced those who are in jail being coached by the more lucid family members (like Chelsea and TN), but ultimately it's no match for the legal process that is about to make examples of all these family members. This is a career-making case for LE involved, and the strategizing is WAY ahead of them.

They are all playing right into the hands of LE, and looks like there will be justice one way or another.:twocents:

 

[rileysmom]

When I created this thread I was thinking that Hope would rather listen to what her COUSIN advised her rather than what her attorney advised! She did mention something about how her attorney said she was "caught on tape". But she insists the drug transaction tape didn't show her with drugs in her hand. (I think only one tape was released, right? There appears to be two total). So, did it sound to you all like her attorney really did advise her to plead "no contest"?

It's confusing to me and I'm trying not to assume she was tricked.

I think there are two tapes, one where she is behind the undercover cop and the other she is in the backseat of the car with Ron and they are doing hand signals.

 

[rileysmom]

The character witness would have been a ha ha had Ron not been there in court today as though poised to actually testify in her behalf! Don't ask me what the BEEP! that was all about!

They were talking about Boot Camp and Youth Authority and Salvation Army? (She was so defiant about not doing both at once! NO SIREEE!)

ACK. I am so thankful my kids that are her age aren't like this. I wouldn't be able to sleep at night. It grieves me and at the same time I'm glad to see justice served.

I have a 17 and 16 year old and boy am I glad they are both well behaved kids, one is mine and one I foster, but boy if they got into trouble never mind whining and crying to me they both would get a nice reality check. Now Hope just got her reality check and hopefully she realizes Ron is not all that and a bag of chips. I don't understand any of these people wanting to live the way they do.

 

[Amster]

I think the judge knew he was 10 steps behind at her last phone call, so he picked up the pace a lil. Kinda like the two step with a touch of fancy footwork by the Magistrate.

Judge, you've improved sooo much over last weeks performance. The lines were perfect, the footwork was amazing - I'm speechless.

I give it a 10!

:floorlaugh:

Yep! I do believe the judge performed the quick step, flawlessly!!

10 for sure!

 

[Phoenixfla]

Playing devils advocate here:

I cant imagine why she pled no contest. If she was only involved on one transaction, she could have claimed that she did not know where they were going or what they were doing, and once she found out she was too scared to bail. If she would have went to trial, I doubt she would have gotten more than the 15 years anyway. I could understand if she pled to a lesser charge, but to plea to the original charge is crazy in my opinion.

Also, I believe that she will win an appeal for ineffectual counsel, since its pretty clear that she had no idea what she was doing. I think it will all depend on what attorney she has to represent her in the appeal. (If its the same one that represented her in this plea, then she better adjust to the prison life).

Also, in the recorded jail tape, if she discusses conversations she had with her attorney, her attorney could argue that that information should have been protected by attorney-client privileged and should have not been released.

It just makes no sense why she pled no contest.

 

[~greeneyedgirl~]

It is my opinion here that she pled no contest because I honestly think she thought this was only about Haleigh and that her charges will be dropped, she received the minimum allowed. What is there to appeal other then her legal counsel she cannot appeal and get a lesser sentence. She obviously has a problem at her young age, I'm sure the judge was pleased to hear that she also lied to him, as she was talking to her mom she told her that when the judge asked her what she did to survive in life she said nothing, not her exact words but something to the effect of I'm not going to tell him I strip.....

 

[Justin Tyme]

It reminds me of an old adage that my Mother taught me years ago. Be careful of what you ask for because you just may get it. I think that Hope is one of the lucky ones who Got what she asked for...judging by her taped phone call to Mama. She'd rather do 15 years than....so she was accommodated. :twocents:

 

[Nixie]

Playing devils advocate here:

I cant imagine why she pled no contest. If she was only involved on one transaction, she could have claimed that she did not know where they were going or what they were doing, and once she found out she was too scared to bail. If she would have went to trial, I doubt she would have gotten more than the 15 years anyway. I could understand if she pled to a lesser charge, but to plea to the original charge is crazy in my opinion.

Also, I believe that she will win an appeal for ineffectual counsel, since its pretty clear that she had no idea what she was doing. I think it will all depend on what attorney she has to represent her in the appeal. (If its the same one that represented her in this plea, then she better adjust to the prison life).

Also, in the recorded jail tape, if she discusses conversations she had with her attorney, her attorney could argue that that information should have been protected by attorney-client privileged and should have not been released.

It just makes no sense why she pled no contest.

They can release the information because she talked to her mother about it. A call couldn't be public, or used against her if it were with her att. If you notice Misty's calls she is actually carful not to bring up what she talks to her att about because when you add a third person, it can be used against you.

I think Hope just didn't want to listen to her att. She did what she wanted, didn't pay attention to what was going on around her, and now she is getting what she deserves.

 

[raisincharlie]

I'm convinced those who are in jail being coached by the more lucid family members (like Chelsea and TN), but ultimately it's no match for the legal process that is about to make examples of all these family members. This is a career-making case for LE involved, and the strategizing is WAY ahead of them.

They are all playing right into the hands of LE, and looks like there will be justice one way or another.:twocents:

In one of the phones calls, Chelsea does tell Misty she won't get much time because "you were just helping a friend"

ROFLMAO. She really did say that.

 

[LiveLaughLuv]

In one of the phones calls, Chelsea does tell Misty she won't get much time because "you were just helping a friend"

ROFLMAO. She really did say that.

LMAO...if ignorance was a crime, these people would spend their life in prison...Unbelievable..seems like the blind leading the blind...LMAO

:dance:


Seems HS feels like she was used..maybe they had her test the waters, KWIM???

 

[LeLe1953]

It had to be when they were first arrested. I have no clue why Hope would want to plea no contest to these charges. I don't know if these people are even AWARE of their rights? Or can they even read? I am sorry but I REALLY feel these people need to get a group of lawyers willing to do a group rate here and advise them on what they can and cant do and what they should and shouldnt do.
I think they are all guilty as charged dont get me wrong but I also FEEL SORRY for all of them as it doesnt look like they UNDERSTAND what is going on....

There is drug traficking charges and a little girl that is dead... we are not at Disneyland for goodness sake!

I respect your thoughts but I don't feel sorry for any of them. I have no idea if they understand their rights or not, I hope they do. What I do know is they are all really good at acting dumb but they have street smarts. I would bet money that people who strip, sell dope, use dope, buy dope, doctor shop, steal, know plenty of people who have been arrested. Even if they dont have any friends who have been arrested, heck, just look at those in the family who have been. This entire group knows their way around the block & this isn't their experience in a court room. If they can't read, well thats yet another poor choice they made. I would suggest they spend their time in jail checking out the of the adult version of "Dick & Jane" I think its something like " This is Dick, this is Jane. This is a police officer. See Dick run, see Jane run" They can do math homework " DIck & Jane have 100 roxies to sell for 5.00 each. If they sell them all, how much money will they make? Dick & Jane go to the big house for trying to sell roxies to the po-po. If the bond is 150,000 what is 10% of that & how many roxies would they need to sell to raise the 10%"
Back to topic, they probably did all have an agreement on what they woud do if arrested. Can Hope really count to 10 in order to count those all important ten steps ( sure she can, pretend they a dollar bills)

 

[LeLe1953]

I do think that was what she was advised.
She told her there was a camera in the front and back of the car.
That she is on tape with the pills in her hand.
That the evidence is solid and she could do thirty years at trial.

The attorney may have hoped for a youthful offenders program but Hope sunk that ship, if it was ever an option considering her priors and the Haleigh situation. Hope didn't want to do bootcamp, nor treatment, and clearly isn't going to testify against Ron.... so I am not sure what her attorney was suppose to suggest she do? Her client won't help herself and she is on video and audio committing the crime.

Telling her to go to trial and having the book thrown at her (instead of the minimum mandatory) would be pretty inexcusable, no?

I think her attorney advised her to plead no contest thinking Hope wouldnt get a 15 yr sentence. The lawyer probably did the best she could with what she had to work with. Hope screwed herself with her total lack of respect for the law. If I were the judge, I would think, if she is saying this stuff KNOWING she is being taped, what the heck does she say when she knows she isnt. Hope got exactly what she deserved & she got there all by herself.

 

[Kimster]

These new Hope threads might be confusing to some. This thread is solely about Hope's comment about everyone was to take a plea.

Thank you! :blowkiss: