Am I going to jail?
May 18, 2008 4:18 PM Subscribe
HELP! I was arrested last week for tresspass, and intentional damage, both class 1 misdemeanors in VA.
Story: I have (had) a girlfriend I had been seeing for year and a half. we were dating steadily. There is a bar right around the corner from her apt., which we had frequented regularly.
On the night of my arrest, I had seen her earlier in the evening, but she did not want to go out, but said the next day we would. No fight or disagreement.
I went to said bar and stayed a while (till like 11pm). Got pretty drunk. Left the bar, and instead of just walking home, I decided to visit the girlfriend. Knocked on the door, no answer but I knew she was home. Banged on the door to please let me in. No. Decided to enter premises thru open side window. She was there, and I asked if she was OK. She started screaming to leave, I asked just to lay down for a while then I would walk home. No violence, rape, nothing like that I was just drunk, needed to lay down, which I did, on the floor.
soon thereafter, cops come in, haul me to jail.
I meant her no harm! (just wanted to see her)
charged with two misdemeanors. I have a very clean record.
question is: what is my outcome going to be? I have a lawyer and have not spoken to the (ex) girlfriend, but the trial is 5 weeks away. Jail was not fun. I do not want to go to jail
This post was deleted for the following reason: this is a really good question to ask an attorney and NOT MetaFilter. -- jessamyn
Duuude. You got drunk enough to break into somebody's home, and stay there while they were screaming at you to get out, and you were still there when the cops came.
I'm no lawyer, but that's a prima facie case of breaking and entering, if not assault. Just be glad she wasn't armed and deathly afraid.
Do what you lawyer tells you. Any questions, ask your lawyer. Don't keep posting recitations of facts and admissions of guilt on Internet sites.
And put down the bottle, and start, now, with the AA meetings. You need them.
posted by paulsc at 4:28 PM on May 18, 2008
I'm no lawyer, but that's a prima facie case of breaking and entering, if not assault. Just be glad she wasn't armed and deathly afraid.
Do what you lawyer tells you. Any questions, ask your lawyer. Don't keep posting recitations of facts and admissions of guilt on Internet sites.
And put down the bottle, and start, now, with the AA meetings. You need them.
posted by paulsc at 4:28 PM on May 18, 2008
You need to ask this question of someone who knows the specifics of the jurisdiction you're in, someone familiar with your local judges and their moods would be even better. Even someone with experience in the same state isn't going to be able to give you more than general advice on this one. Talk to your lawyer!
P.S. Francis, it's never a good idea to confess to something on the internet, you may be limiting your options on your plea later.
posted by tiamat at 4:29 PM on May 18, 2008
P.S. Francis, it's never a good idea to confess to something on the internet, you may be limiting your options on your plea later.
posted by tiamat at 4:29 PM on May 18, 2008
Well, your lawyer is really the only person that can help you at all right now, so you should be speaking to him and doing whatever he tells you, not asking randoms on the internet.
There are two likely outcomes, assuming the above facts are exactly what happened:
1) You plead guilty, show remorse at being that drunk and apologize to the judge and to her again for scaring her, and say you know you were over the line, out of control, not in your right mind, or whatever else your lawyer tells you to say. If you say it like you mean it honestly and the judge believes you, you could very likely get off with some probation and community service. There's still a chance you spend a week/weekend in the lockup, depending on the VA law and how the judge feels.
2) You plead not guilty and try to waste the judge's time by fighting the charge, and you end up spending 30days to 3 or 4 months in jail.
Again, talk to your lawyer because he is the only one who knows what is best for you to do. Random advice on the internet is worth exactly what you paid for it.
posted by T.D. Strange at 4:32 PM on May 18, 2008
There are two likely outcomes, assuming the above facts are exactly what happened:
1) You plead guilty, show remorse at being that drunk and apologize to the judge and to her again for scaring her, and say you know you were over the line, out of control, not in your right mind, or whatever else your lawyer tells you to say. If you say it like you mean it honestly and the judge believes you, you could very likely get off with some probation and community service. There's still a chance you spend a week/weekend in the lockup, depending on the VA law and how the judge feels.
2) You plead not guilty and try to waste the judge's time by fighting the charge, and you end up spending 30days to 3 or 4 months in jail.
Again, talk to your lawyer because he is the only one who knows what is best for you to do. Random advice on the internet is worth exactly what you paid for it.
posted by T.D. Strange at 4:32 PM on May 18, 2008
question is: what is my outcome going to be? I have a lawyer and have not spoken to the (ex) girlfriend, but the trial is 5 weeks away.
I'm not going to answer your questions because I don't practice law in Virginia, but I do practice criminal defense law and I could not imagine anyone with your circumstances (no prior record, misdemeanor charges) getting jail time in my state.
It puzzles me that you have an attorney but you're asking Metafilter about this. What contact have you had with your attorney? It doesn't sound like you have had a meaningful consultation with your attorney is he/she has not given you an idea of what your outcome is likely to be.
posted by jayder at 4:36 PM on May 18, 2008
I'm not going to answer your questions because I don't practice law in Virginia, but I do practice criminal defense law and I could not imagine anyone with your circumstances (no prior record, misdemeanor charges) getting jail time in my state.
It puzzles me that you have an attorney but you're asking Metafilter about this. What contact have you had with your attorney? It doesn't sound like you have had a meaningful consultation with your attorney is he/she has not given you an idea of what your outcome is likely to be.
posted by jayder at 4:36 PM on May 18, 2008
You know there is anonymous askme posting for a reason. Keep your yap shut in this thread. If you don't believe me ask your lawyer. Frankly, you do not seem like you are telling us everything. Happy relationship, one night, cold shoulder, break-in (what the fuck is up with that) and then a night in jail??? My take, it was not cozy with her, not just not cozy, it was cold, and then you got wasted and desperate and did something really, really stupid. So that sounds bad, hopefully it isn't worse than that, but if it is that bad but no worse you will walk with no time, perhaps some money, and likely an expungement. No talking about this with anybody but your lawyer though, and if you call the girl, all bets are off and you might even go to jail. Stay so far away from her. It's a tough spot, but lay low, apologize for your poor judgment (contrition in court is one of the most powerful of all tools for a criminal defendant) and move on. If you really must contact her, do it solely through a mutual friend.
posted by caddis at 4:39 PM on May 18, 2008
posted by caddis at 4:39 PM on May 18, 2008
T.D. Strange, are you an attorney? If you're going to advise him what likely outcomes are, please disclose whether you are an attorney.
posted by jayder at 4:40 PM on May 18, 2008
posted by jayder at 4:40 PM on May 18, 2008
I'm no lawyer, but that's a prima facie case of breaking and entering,
Usually a prima facie case of burglary requires an intent to commit a felony or theft inside the building.
posted by jayder at 4:47 PM on May 18, 2008
Usually a prima facie case of burglary requires an intent to commit a felony or theft inside the building.
posted by jayder at 4:47 PM on May 18, 2008
I read this to my friend, who has been a public defender in California for about 4 or 5 years. He says: "what race is this guy? what'd he damage if the window was open? I'm thinking there's more to this story, for her to have been so mad. the trespass, that's hard to get around, if the girlfriend stays against him. If it's really just climbing in an open window, and if the girlfriend decided to forgive him, and they got a statement from her, the lawyer could take that to the DA and negotiate to have the charges reduced. Being drunk can negate "specific intent," but it's not like they're going to charge him with [?something?] anyway [I think that ?something? was a charge where "specific intent" matters, and that it might not matter for these charges]. The goal would be to get the charges reduced to something like disturbing the peace with one year of court probation, and expungement[?] after that. But if he's black, it might be harder."
Anyway, that's 90 seconds of advice from someone who doesn't know Virginia state law, so take it with a grain of salt, and talk to your lawyer. Just think how much easier life would be right now if you'd just done what your girlfriend wanted.
posted by salvia at 4:48 PM on May 18, 2008
Anyway, that's 90 seconds of advice from someone who doesn't know Virginia state law, so take it with a grain of salt, and talk to your lawyer. Just think how much easier life would be right now if you'd just done what your girlfriend wanted.
posted by salvia at 4:48 PM on May 18, 2008
When you do eventually get your lawyer to answer these questions like you should, do not lie, exaggerate, understate, or otherwise massage the story. Explain what you did in excruciating and embarrassing detail. You only end up hurting yourself if you try to save face with your lawyer.
Also Nthing the "delete this thread" answers. You shouldn't be talking to anyone about the case or the events of the evening without first clearing it with your attorney.
posted by toomuchpete at 4:52 PM on May 18, 2008
Also Nthing the "delete this thread" answers. You shouldn't be talking to anyone about the case or the events of the evening without first clearing it with your attorney.
posted by toomuchpete at 4:52 PM on May 18, 2008
Going to AA meetings and taking them seriously would seem to support an "I have an alcohol problem, I'm sorry, I'm working on it, please give me probation" defense, regardless of whether you believe you have a problem. But IANAL, etc.
posted by ecsh at 5:03 PM on May 18, 2008
posted by ecsh at 5:03 PM on May 18, 2008
Sounds to me like you got drunk and intimidated an innocent person by refusing to leave their premises after breaking in.
All the good will in the world won't change that. How you felt about it at the time is irrelevant. You did what you did.
Like all the other folks in this thread, I'd suggest you have this post deleted and sit down with your attorney ASAP. I can't imagine that you would get jail time for this, if the circumstances are as you say and if you have no prior offenses. But you probably should put the bottle down -- doesn't sound like you and booze get along real well.
The way to handle this is to tell yourself, "I did something stupid. I have to face the consequences." The longer you persist in thinking, "Why is that vindictive bitch pressing charges?" the further away from the real issues you get -- this is in no way her fault -- it's all on you.
Delete this thread, talk to your attorney, and don't show up drunk for the trial. (I've tried that, it doesn't help.)
posted by BitterOldPunk at 5:03 PM on May 18, 2008
All the good will in the world won't change that. How you felt about it at the time is irrelevant. You did what you did.
Like all the other folks in this thread, I'd suggest you have this post deleted and sit down with your attorney ASAP. I can't imagine that you would get jail time for this, if the circumstances are as you say and if you have no prior offenses. But you probably should put the bottle down -- doesn't sound like you and booze get along real well.
The way to handle this is to tell yourself, "I did something stupid. I have to face the consequences." The longer you persist in thinking, "Why is that vindictive bitch pressing charges?" the further away from the real issues you get -- this is in no way her fault -- it's all on you.
Delete this thread, talk to your attorney, and don't show up drunk for the trial. (I've tried that, it doesn't help.)
posted by BitterOldPunk at 5:03 PM on May 18, 2008
This thread is closed to new comments.
You should ask the mods to completely delete this post. I'd imagine the chances of your ex finding out about it are high. This may damage you at trial.
posted by grouse at 4:26 PM on May 18, 2008 [2 favorites]