WFTV Exclusive: Plea deal next Monday on Check Fraud Charges

[Tulessa]

She probably won't be able to shwallow! :angel:

Oh dear God! I just spewed diet coke everywhere! :biglaugh:

 

[Muzikman]

For those of you in Central Florida, Tony Pipitone on Local 6 will be doing a story on this at 6:30 PM.

Really looking forward to his take on this!

 

[marspiter]

I did some searching and found the following:

Withheld adjudication generally refers to a decision by a judge to put a person on probation without an adjudication of guilt. It means a person is not found guilty legally by the court. If the person successfully completes the terms of probation and has no subsequent offenses, no further action with be taken on the case and the offense for which adjudication was withheld is typically not considered a prior conviction for purposes of habitual offender sentencing. If the person does not complete the terms of probation, a finding of guilty may be entered and the person may be sentenced according to the punishments defined for the offense.


http://definitions.uslegal.com/w/withheld-adjudication/

Kind of like a Prayer for Judgment if I'm not mistaken. Course that could just be a North Carolina thing. I've seen it used alot in traffic court and in criminal court with misdemeanors here.

In fact I used it once for a speeding ticket when I was 18. Back when I thought speed limits were just a suggestion.

 

[chefmom]

Oh dear God! I just spewed diet coke everywhere! :biglaugh:

Oh no! It's catching! :dance:

 

[The World According]

Yes we've heard here that if you let someone borrow your car, that includes being able to write checks if the checkbook is left in it.

Yes, mom and pop will be on the morning shows straight away with their colorful If You Give A Moose A Muffin ...Anthonyonics. You can count on it. God help us all.

I am relieved for Amy that she will have justice, and she can get on with her life. We all wish ALL GOOD THINGS FOR HER!

 

[AZlawyer]

Didn't I tell you all yesterday I smelled a plea deal?

We don't have deferred/withheld adjudication in Arizona, but we treat Florida/Texas deferred adjudications as if they were convictions. (Those are the only states I've personally heard of with this procedure.) BUT I think Florida and Texas maybe DON'T treat their own deferred adjudications as convictions. So I have no idea what the effect would be.

Hopefully RHornsby will let us all know at some point!

 

[RR0004]

I did some searching and found the following:

Withheld adjudication generally refers to a decision by a judge to put a person on probation without an adjudication of guilt. It means a person is not found guilty legally by the court. If the person successfully completes the terms of probation and has no subsequent offenses, no further action with be taken on the case and the offense for which adjudication was withheld is typically not considered a prior conviction for purposes of habitual offender sentencing. If the person does not complete the terms of probation, a finding of guilty may be entered and the person may be sentenced according to the punishments defined for the offense.


http://definitions.uslegal.com/w/withheld-adjudication/

Yes...from what I know (which isn't a heck of a lot) the judge settles the case. So how can this apply when the person is already incarcerated?

ETA: Time served?

 

[RR0004]

Yes, mom and pop will be on the morning shows straight away with their colorful If You Give A Moose A Muffin ...Anthonyonics. You can count on it. God help us all.

I am relieved for Amy that she will have justice, and she can get on with her life. We all wish ALL GOOD THINGS FOR HER!

Ya know, I thought the same thing...except I'm sure she'll be dragged back into the murder trial.

 

[cloud9]

For me the major question will be how is she going to plea...if they do plea. Is it going to be a plea of Guilty...or a plea of no contest? The reason I ask is to my knowledge a plea of no contest is not an admission of guilt. There is a difference between the two and I wonder if that slight difference will make a difference in it being used for the murder trial, sentencing, or any civil cases that may come against Casey.

Though we don't know as yet, I figured I'd put this up for reference.

no contest n. In criminal law, a defendant's plea in court that he/she will not contest the charge of a particular crime, also called "nolo contendere." While technically not an admission of guilt for commission of the crime, the judge will treat a plea of "no contest" as such an admission and proceed to find the defendant guilty as charged. A "no contest" plea is often made in cases in which there is also a possible lawsuit for damages by a person injured by the criminal conduct (such as reckless driving, assault with a deadly weapon, aggravated assault), because it cannot be used in the civil lawsuit as an admission of fault. "No contest" is also used where there has been a "plea bargain" in which the defendant does not want to say he/she is guilty but accepts the sentence recommended by the prosecutor in exchange for not contesting the charge (which is often reduced to a lesser crime). It is standard practice for the judge to ask either the attorneys or the defendant, "Is there a factual basis for the plea?" before accepting it and finding the defendant guilty. (See: plea, plea bargain, nolo contendere)
Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

http://legal-dictionary.thefreedictionary.com/No+Contest

plea bargain n. in criminal procedure, a negotiation between the defendant and his attorney on one side and the prosecutor on the other, in which the defendant agrees to plead "guilty" or "no contest" to some crimes, in return for reduction of the severity of the charges, dismissal of some of the charges, the prosecutor's willingness to recommend a particular sentence, or some other benefit to the defendant. Sometimes one element of the bargain is that the defendant reveal information such as location of stolen goods, names of others participating in the crime, or admission of other crimes (such as a string of burglaries). The judge must agree to the result of the plea bargain before accepting the sentence. If he does not, then the bargain is cancelled. Reasons for the bargaining include a desire to cut down on the number of trials, danger to the defendant of a long term in prison if convicted after trial, and the ability to get information on criminal activity from the defendant. There are three dangers: a) an innocent defendant may be pressured into a confession and plea out of fear of a severe penalty if convicted; b) particularly vicious criminals will get lenient treatment and be back "on the street" in a short time; c) results in unequal treatment. Public antipathy to plea bargaining has led to some state statutes prohibiting the practice, but informal discussions can get around the ban. (See: plea, cop a plea)

http://legal-dictionary.thefreedictionary.com/plea bargain

 

[Dear Prudence]

Ummmm...why waste the time putting that 25 page COV motion together? Was that just an editorial for the defense?

It was practice for the main event.

 

[RR0004]

Thank you so much for taking the time to research this.
:waitasec: Does this mean that Casey will not have a conviction when the Murder Trial starts? If they can't use this against her then she will be looked upon as a first time offender? Am I understanding this right?
I pray the SA does not offer a plea for the Murder Charges...Caylee deserves justice. I am dissapointed in todays news if this is the case.:furious:

I sure hope the SA doesn't settle...unless it's part of a grander scheme...I mean plea.

 

[Muzikman]

Tony says that Strickland talked to both the defense and State before canceling the trial next week, a good sign that a plea deal is in the works - but she could change her mind before then...

If she knows what's good for her, she won't change her mind. I really DID want to see that trial though, it could have revealed things that we don't know of yet.

 

[RR0004]

Tony says that Strickland talked to both the defense and State before canceling the trial next week, a good sign that a plea deal is in the works - but she could change her mind before then...

If she knows what's good for her, she won't change her mind. I really DID want to see that trial though, it could have revealed things that we don't know of yet.

...and I really do hope it involves her accepting a "guilty" plea.

 

[tweety933]

What is an Alford plea, and how would it affect the conviction being used in future criminal proceedings?

 

[cyberborg]

And so . . . . the first shoe drops. Maybe getting this one out of the way will help KC concede to the second? Plea deal time.

:clap::clap::clap::clap:

 

[Beatrice]

I do see Casey changed from her not guilty plea to

Guilty with circumstances......

 

[autumnlover]

You know what will pizz me off? If the charges are plea-bargained down to a misdemeanor and that's what she pleads guilty to. To me, that's not justice for Amy or the Bank of America. Not to mention, her inexcusable behavior will be excused once again.

 

[100%Agave]

I don't know why the SA would accept a no contest plea when they have the goods on her for the fraud stuff. Maybe guilty to a lesser charge or guilty to only 1 or 2 of the fraud charges with the others dropped maybe?

 

[cyberborg]

Very interesting......

"“There is some strong indication to me, from my experience, that a plea to these charges, if in fact there's an adjudication, may be an indication that the murder case may not go to trial.""

http://www.wftv.com/news/22275948/detail.html

 

[2goldfish]

Very interesting......

"“There is some strong indication to me, from my experience, that a plea to these charges, if in fact there's an adjudication, may be an indication that the murder case may not go to trial.""

http://www.wftv.com/news/22275948/detail.html

frankly I am not surprised at the plea for check fraud nor will I be surprised if she didnt end up copping a plea for the murder trial.

I mean they got the goods, she knows it. this has gone on long enough.