Will Misty qualify for Youthful Offender Status?

Discussion in 'Haleigh Cummings' started by krkrjx, Aug 17, 2010.

  1. krkrjx

    krkrjx Comfortably Numb

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    As I understand Florida law, a person may qualify for Youthful Offender status if they are young and have no priors. Youthful Offender is offered to those who qualify and they can take it or leave it. My understanding is that if it is offered and the defendant opts not to accept, it can not be offered to that person again.

    The word is out that Fields hopes to have Misty sentenced as a Youthful Offender. Whether or not he can pull this off remains to be seen.

    If Misty was facing just one charge she would certainly qualify for YO. However, Misty faces EIGHT charges. This is the hurdle that Fields will have to jump. And he will have to jump high, IMO, to persuade the judge to rule in Misty's favor.

    But, even if Fields is successful in persuading the judge, there remains that one pesky charge in another county. Can Fields persuade that judge as well? And will it even be an option, given a defendant is only eligible for YO status one time?

    Misty's charges all rise from a single arrest. However, the offenses were committed over time; this is not a case of eight charges resulting from a single incident.

    Coercion--being led astray--is what qualifies a young first-time offender for Youthful Offender consideration. Fields will have to show that Misty was coerced by others. He can point toward Ron, but will that fly? Ron was not physically present during every one of Misty's transactions. This could be used as evidence that Misty acted on her own in at least some of the drug deals.

    All Misty's transactions took place in Putnam County save one. Why? Could it be that the UC chose the meeting/transaction location for that deal? If so, why did he do that? Was it deliberate in order to have Misty on video involved in criminal activity in separate jurisdictions? If that is the case...why?

    IMO, LE wanted Misty. I am not buying that the drug sting was unrelated to Misty's involvement in a missing child case. Given Misty's age and prior arrests, LE set out to snag an adult Misty and they did it in a way that would make it extremely difficult, if not impossible, for Misty to squirm out of the charges. I believe Misty was trafficking well before the drug sting was set up and that LE was watching and waiting...waiting for Misty to turn 18.

    But even then, LE knew she could weasel out as a Youthful Offender, so they took precautions--they set the stage for eight counts in two separate jurisdictions.

    If a person can be offered YO status for their first offense only, what happens to the person with eight separate charges that arise from a single arrest? Even with offenses on different dates and in different jurisdictions, could YO status still be an option if the person has no prior arrest record?

    If LE suspects JO, I believe they could have arrested him on unrelated charges just as they did Misty, Tommy, and Ron. JO was in fact arrested in Tennessee recently and if he were a real suspect in Haleigh's disappearance, he would be sitting just as the Satsuma bunch--on ridiculously high bail. I do not doubt JO is a criminal and I do not doubt LE in his area would willingly work with Putnam LE to get him. Until something significant happens regarding JO, I have to assume LE does not really want JO.

    Misty appeared before the judge in St. Johns county this morning. It is not clear to me exactly what Fields said in court but it is being reported that he mentioned Misty's "Joe did it" scenario. Even if he did not say it in court, he said it to reporters, apparently. If the SA is not looking at Misty as a possible suspect regarding Haleigh, Misty may be granted Youthful Offender status. IMO, her offenses resulted in one arrest, so she could qualify. However, YO status is a privilege, not a right. If Misty is not granted Youthful Offender status it may mean that she is regarded as more than just "the key" in a missing child investigation.

    MOO
    (sorry this is so long)
     
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  3. SoSueMe

    SoSueMe Former Member

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    You make an interesting point about the ONE arrest, although there are numerous charges. I just wonder if that is what Fields is going to attempt to do (Youthful Offenders Program), simultaneously in both counties? Come to think of it, aren't they both sceduled for the same day or was that yesterday and today's hearings?

    I can't imagine the "Joe Did It" theory being brought up in court today. Maybe that was the journalist regurgitating old news?
     
  4. Zoe Bogart

    Zoe Bogart Let's not ask for the Moon, we have the Stars

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    Fields mentions the "Joe did it" scenario outside on the courthouse steps.

    He's calling her a "youthful offender" because she's young and she's an offender. Doesn't mean she qualifies legally as a "Youthful Offender". True, she has no priors as an adult (age 18 and over). We don't know if she's had offenses as a juvenile as those records are sealed. We do know she has EIGHT counts of drug trafficking against her.

    Just taking a stab at it, I would think she'd only qualify as a Youthful Offender in St. Johns County with her one count because when she goes back there to court, she'll still be awaiting sentencing for the Putnam charges. Don't know how they'd consider her before sentencing since she's already pleaded to not contesting any of the charges. Would she be considered a "pre-convict" at this point? IJDK I need to find my criminal law book.

    How could they consider her a Youthful Offender when she has eight counts against her and she was involved in every one of the drug operations, whereas others were involved in fewer of them? The fact that she was there for all of them is quite damning.

    No matter what Fields plans, she could only be classified as "Youthful Offender" in one county, not both. It's up to the judges if that will happen.

    About the charges in two counties, Misty was the one who told the UC she knew where to get the stuff. Since she was with Donna at least once in St Johns, chances are, it was a lucky break for LE, although I do believe they had dealings prior in that county. Still, two counties are better than one. Don't forget the Donna element. Those two traveled through many states together, it wouldn't be far off for them to be getting their stuff in St Johns as well as Putnam.

    LE had these people under the microscope, they knew their activities. I think the Satsuma Five made it extremely easy for LE to rope them.
     
  5. Zoe Bogart

    Zoe Bogart Let's not ask for the Moon, we have the Stars

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    No, she was scheduled for trial in both counties on the same day, August 23rd, which isn't happening now. Next court dates for her are Oct. 8th in St Johns and Oct. 19th in Putnam.

    Fields mentioned the Joe theory on the steps outside the courthouse, per the article (4th paragraph).

    http://www.news4jax.com/news/24658375/detail.html

    Appears a bit more of sensational/shoddy journalism we keep seeing these days.
     
  6. twall

    twall New Member

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    I say no, Misty will not be sentenced as a YO.
    Hasn't Fields looked at how Tommy was sentenced and the false information he gave to LE got him a longer sentence? Don't waste your time Fields, it isn't gonna fly. She's a liar and won't do the right thing for Haleigh who she claims she loves. She is young and immature, we were all there once, at least I know I was, maybe one day she will realize this and do the right thing but by that time it will be too late, she will have spent a long time in prison by then.
    How can Werter, Fields and SKB believe Tommy and Misty's Joe did it story? I guess they can't bad-mouth their clients, I would never make it as a defense attny., I'm too honest.

    JMO
     
  7. Kathy1964

    Kathy1964 New Member

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    Just look at these charges:
    1. trafficking hydrocodone 4-14 gms
    2. trafficking 4-14 gms
    3. trafficking hydrocodone 14-28 gms
    4. trafficking hydrocodone 4-14 gms
    5. trafficking hydrocodone more than 28 gms
    6. trafficking hydrocodone 28Gms-30Kg
    7. trafficking hydrocodone 14-28 gms

    No way will she qualify for YO with those charges, IMO
    Those are the Putnam county charges.
    The St Johns charge is trafficking hydrocodone 28gm-30Kg
     
  8. krkrjx

    krkrjx Comfortably Numb

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    The statement I have bolded is one of the major reasons I am often so disgusted by even the mention of Misty's name. On one hand, I feel her charges are not serious enough to lock her up til she's 40 or more. But on the other hand, there is Haleigh. Innocent little Haleigh. She loved Misty and probably believed Misty loved her.

    But Misty was not sad enough when Haleigh went missing, IMO. Even if she were not involved in any way, had not been the last to see Haleigh, even if she had not been at the MH for days or weeks...shouldn't Misty have been heartbroken over the loss of a beloved child?

    Misty went on with her life. Smiling, cavorting, marrying, drugging and what-have-you. Same with Ron. They moved on, as if it never happened, as if for them Haleigh was no more than a distant memory.

    Even if Misty were to be eligible for YO status it does not guarantee a mere six years. It could be less than 25 but still far more than six, IMO.

    I am just really tired of all the excuses for the disgusting behavior of all of this group. I apologize to those here who feel Misty is not responsible for her actions given her upbringing. I sympathize with such souls, but I can only take it so far. I had similar upbringining...I had alcoholic parents. My sister and I became wards of the state, put into a foster home where alcohol continued to be an issue as well as various forms of child abuse. All of it sanctioned by the state. So I am sympathetic to those who were not nurtured, loved, or respected as children. But reality is, at some time everyone has to be responsible for their own actions. Everyone. Even unfortunate, sad, never-had-a-chance types like Misty Croslin.
     
  9. oceanwatch

    oceanwatch New Member

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    I don't think she will qualify for youthful offender status. She dropped out of school after 7th grade. She's had 5 years of life experiences that she chosen since then. She isn't some innocent schoolgirl. The youthful offender status reaches until age 22 for some, which is the age people would graduate from college if they stayed in it for four years after high school. I feel that her not being in school will play a big role in the decision.
     
  10. dodie20

    dodie20 New Member

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    Misty being a 6th or 7th grade 'drop out', should be the last thing, used against her. 'Life experiences' or not, little kids, by law, are not allowed to just 'drop out' of school. not even with a parent's blessing. I'm sorry, but that's like calling a girl, who's been repeatedly raped, a *****, because she's been 'sexually active'. neither of these is fair to the victim. & no matter how much somebody might not like Misty, she is a victim. in every sense of the word. & I'd like to see somebody, in authority, acknowledge that simple truth.
     
  11. Crosby87

    Crosby87 Active Member

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    This may be a stupid question but did Misty sell drugs to the same UC cop 8 times before she was arrested? Did the same UC cop call Misty 8 times to score drugs for him in both counties? TIA
     
  12. Crosby87

    Crosby87 Active Member

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    Thanks for the great post krkrjx,

    Why wouldn't a person offered to be tried as a Youthful Offender not accept it? I am under the impression that the person would automatically receive a lighter sentence. If Misty was offered this option, would she still have a conviction showing on her criminal record?
     
  13. Crosby87

    Crosby87 Active Member

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    <snipped>
    Court officials said that because this is her first arrest and because she is a youthful offender, Misty will likely be sentenced to 25 years or less. Sentencing on the St. Johns County case was set for Oct. 8 and Oct. 19 on the Putnam County charges.

    Who are the "Court officials" who are stating Misty is a youthful offender and why? Isn&#8217;t it up to the Judge to decide?

    http://www.news4jax.com/news/24658375/detail.html
     
  14. kaRN

    kaRN Verified Health Professional - Registered Nurse

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    In one of her jailhouse tapes IIRC Misty spoke of getting her GED while in jail. I thought it was funny considering she never completed elementary school let alone high school but I admired her for looking in that direction. IIRC there was some friend in jail who was going to help her.
    If Misty has seriously taken advantage of the services the jail has to offer, like working toward her GED, seeking mental health and counselling then I would hope the judge would consider her for YO status on charges she may be eligible for that. But if not, then no way.
    Misty hasn't the minimal qualifications required for even the most menial employment. Babysitting is even out of her sphere. If she is given a minimal sentence she'll be back to dealing or prostitution and eventually back to prison. So what would be the point? Save Misty and all the potential victims of her drug supply by sentencing her to the max. now. Either way she's spending her life in prison IMO.
     
  15. Bathbuddys

    Bathbuddys Verified Family Member Thomas Schramm

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    dodie20- I have to agree with you whole heartedly as Misty is soooo young and look at her life? so sad. She is one scared little girl that has no one in this world she can trust. I basically had middle class parents, my mom was a nurse and dad a draftsman, no discipline whatsoever, I got raped at 15 and did not even tell anyone til 20 years later in therapy as I AQUIRED an eating disorder along with alcohol, drugs and or anything else to keep me from feeling anything. it is a huge waste. I can see this with Misty and not with Casey for the obvious reasons. I just wish someone could talk to Misty in a way where she would tell the whole truth and take the chance of getting a second chance to get well.
    It is just really sad when she can't even trust the police? or social workers?
     
  16. krkrjx

    krkrjx Comfortably Numb

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  17. Missingmeds

    Missingmeds Inactive

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    Misti quit being a victim at a very early age.

    Check out a young man by the name of Jeremy Miller and who was involved in his case. Also look up the addresses that are provided in that case of the people involved.
     
  18. krkrjx

    krkrjx Comfortably Numb

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    :clap::clap::clap:
     
  19. krkrjx

    krkrjx Comfortably Numb

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    I was never sure if we could talk about JM here or if so, how much we could say. But many who follow the Haleigh case know the story of JM.

    I remember a while back when Misty and Tommy were talking together in jail, through Hank Sr. Basically, he would visit them both on the same day and tell each what the other had said, etc.

    One day, the discussion was JO, and how miffed they both were that they were in jail while "he walks free." Miffed might be not a strong enough word, actually. Maybe mortified fits better. Whatever...Misty seemed in a snit about it. "It's not fair!" The minute Misty whined about being innocent and in jail while "he" walked free, I thought of JM.

    From the first day I heard JM's name and his reported association with Misty, I questioned his guilt. Not sure why but it could be my distrust of anything Misty says in general...the first words we heard out of Misty were the 911 call. And interviews over following days appeared to be Misty-fabricated as well.

    Yes, I realize JM was convicted and is serving time, but is he guilty as charged? Don't know the answer to that, but since it was Misty Croslin's accusation that put him away, I can't help but wonder if JM is guilty of nothing more than unwittingly providing a convenient way for Misty to explain her own actions.

    This is just my lastest rant, but it's something to think about...and I suspect some here have already thought about it and have suspicions similar to mine.
     
  20. Kimster

    Kimster Former Member

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    Do we have links available for those who don't know who this is?
     
  21. Crosby87

    Crosby87 Active Member

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    I'd really like to have the question I posted answered. Did Misty sell drugs to one UC cop 8 times?
     

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