Families of SOs Community Group
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I was sharing my update and story with Rew and he suggested I share my good news.
In July 2014 my guy took a plea deal and plead guilty to solicitation of a minor. 2 years of probation and 10 years on the registry is what we were stuck with. We were scared, my guy broke down crying and has been stressed about being able to take care of me and his daughter since.
Since he has no prior convictions on his record, his lawyers said we should push for judicial diversion. When diversion is granted in our state, the defendant is on probation for a certain period of time and as long as they comply, the case is dismissed and the conviction is expunged.
Yesterday was our court date. I was sick to my stomach and kept alternating between feeling starved (hadn't eaten since lunch on Thursday) and feeling like I was going to throw up. Watching my guy get on the stand and tell his life story, tell the court that he wanted to marry me, and then choke up at the end of his testimony was the hardest thing I've done. The court officer gave me a box of tissue because I was crying with him. Getting up and giving my testimony was the second hardest part of yesterday.
The judge asked a lot of questions...of both sides. He flat said he thought what we were initially given was way too much, but just 2 years probation was too little. Ultimately, the decision was good. He gave my guy 2 years probation and an additional year on the registry (for a total of 3 years). We also have to pay a fee to the victim's recovery fund they have as restitution (has to be paid by the end of his probation). If he obeys his probation and does the extra year on the registry, all without getting in trouble, it's all expunged at the end.
I know not everyone gets a second chance like this, so I was hesitant to say anything. But every story on here has hope. Don't ever lose sight on the light at the end of the tunnel. :-)
In July 2014 my guy took a plea deal and plead guilty to solicitation of a minor. 2 years of probation and 10 years on the registry is what we were stuck with. We were scared, my guy broke down crying and has been stressed about being able to take care of me and his daughter since.
Since he has no prior convictions on his record, his lawyers said we should push for judicial diversion. When diversion is granted in our state, the defendant is on probation for a certain period of time and as long as they comply, the case is dismissed and the conviction is expunged.
Yesterday was our court date. I was sick to my stomach and kept alternating between feeling starved (hadn't eaten since lunch on Thursday) and feeling like I was going to throw up. Watching my guy get on the stand and tell his life story, tell the court that he wanted to marry me, and then choke up at the end of his testimony was the hardest thing I've done. The court officer gave me a box of tissue because I was crying with him. Getting up and giving my testimony was the second hardest part of yesterday.
The judge asked a lot of questions...of both sides. He flat said he thought what we were initially given was way too much, but just 2 years probation was too little. Ultimately, the decision was good. He gave my guy 2 years probation and an additional year on the registry (for a total of 3 years). We also have to pay a fee to the victim's recovery fund they have as restitution (has to be paid by the end of his probation). If he obeys his probation and does the extra year on the registry, all without getting in trouble, it's all expunged at the end.
I know not everyone gets a second chance like this, so I was hesitant to say anything. But every story on here has hope. Don't ever lose sight on the light at the end of the tunnel. :-)
The legislative branch and the judicial branch of our government are two separate entities---the executive branch is the third--- and they cannot infringe upon each other. The legislative branch makes laws and the judicial branch interprets those laws.
There has to be a separation of powers here.
As a result, I don't see how a judge can tell a defendant that he only has to be on the registry for 10 years if the state statutes clearly spell out a lifetime registration in that particular circumstance. Judges don't amend laws to their liking. They can declare them unconstitutional, but judges cannot legislate from the bench.
If a state statute declares that all registrants within that state remain on the registry for life a judge cannot rule otherwise, as the registration scheme has been set by statute which is the role of the legislative branch.
I think Wanderlustwriter guy's situation has to do with the fact that he was able to get a judicial diversion.
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And from what I know about TN, it is not a good place to be an SO.
Good for him---and you.
You two will be fine and I am happy for you.
rewdiazepam
Congrats to your guy, I think everyone is rejoicing but I think a lot of people would love to hire your attorney lol!