Okay, so here is the deal. I got off the phone with my lawyer not too long ago. There is an offer on the table. But I think I must remind you of the case first. I am being charged with not registering three email addresses, which I am legally required to do because I am a registered sex offender (took a plea because someone used my computer for something nasty and didn't want to spend 650 years in federal prison). Two of the email addresses don't exist, one hasn't existed since prior to having to register email addresses and the other never existed at all (at least not by me). The third email address is for this website, which isn't an email system. The detective changed her story and said this is an instant message service and I have to register those as well.
Now, I don't deny that I have an account here on Big Closet, obviously. But my argument is that this is neither an email site or an instant message site as well and that is what one of the motions is about.
According to the lawyer, they are still investigating my computer for illegal images (it's been 5 months) and charges may still be pending. I myself didn't put images on the computer, but there were plenty of people who had access to the machine. My thought is that if they haven't found anything in 5 months though, there must be nothing there.
Here is the offer... if I don't file a motion to dismiss, 6 months probation as long as I register both this site and the 2 email addresses that don't exist.
If I go to trial, I risk 5 years in prison (max 15 years).
The prosecutor said if I don't take the probation now, there will be no other offer that doesn't include jail time. I still own my house and would hate to lose that.
So here is my quandary; one that I have faced already with disastrous results. Do I admit to something I didn't do and take probation or do I stand by my beliefs and risk a minimum of 5 years in prison.
I have until 5 o'clock to decide
Comments
As a computer technician who
As a computer technician who has DONE forensic work, they have had zero reason to keep your computer for five months. In that length of time, they could have imaged the drive and handed the original machine back to them. It sounds like someone is really trying to railroad you, and knows they don't have enough evidence to actually convict. I'd call one of the various advocacy groups, or even the ACLU, and ask for advice. The longest time it ever took me to scan for data recovery purposes (trying to find deleted images) was three weeks - and that was on a damaged hard drive.
Keep in mind that they have to prove that you did something wrong - not the other way around, no matter what it might look like.
BTW - your box is in the mail.
I'll get a life when it's proven and substantiated to be better than what I'm currently experiencing.
ACLU
I actually sent a request into the ACLU a long time ago but they never got back to me.
Five years is a big gamble. Maybe someone can manage my house and rent it out for me if I lose. But does this not sound absurd. FIVE YEARS over an EMAIL ADDRESS. What the fuck is wrong with America?
Katie Leone (Katie-Leone.com)
Writing is what you do when you put pen to paper, being an author is what you do when you bring words to life
Try calling the local office,
Try calling the local office, or look in the phone book for an advocacy office.
I'll get a life when it's proven and substantiated to be better than what I'm currently experiencing.
Felon
A convicted felon, especially on on probation or parole, doesn't have the same rights you or I have. They are not looking to actually try and convict Katie, they are looking to violate her. By that I mean find her in violation of her probation. That puts Katie straight into prison. No trial needed, just a judge's order finding her in violation.
I suspect they know they can't make a court case and are trying to panic Katie into the plea deal. Even if they can promise no jailtime on this case, I suspect the plea will be enough to violate her on the previous case. It's a bad deal, IMHO, but I am NOT a lawyer.
“When a clown moves into a palace, he doesn’t become a king. The palace becomes a circus.” - Turkish Proverb
computer technician
5 months is ridiculous...takes maybe a few weeks at most
++++++++++++
Cartman: A fine day of plundering we had boys. What about yourselves? Here you are lads, plenty of booty to go around. A round of grog for me boys. A round of grog for everyone!
Man haters
My point of view might be a little naive as I have never had a brush with the law. However, during my divorce, I walked into one agency where the receptionist and the woman who talked to me both treated me as if I were satan himself. This before I came out.
I too think that you should be talking to ALCU and fast, as it seems you are getting prejudiced treatment from at least one person at the DA's office. I hope that you have time to do that.
Gwendolyn
I have no idea about the
I have no idea about the american legal system, but couldn't you do something over the transgendered angle. It seems like someone is hellbend to railroad you and since being transgendered isn't punishable they try child pornography. If it was a computer with multiple acess it's plain ridiculous what they're doing to you. On the other hand the law has nothing to do with justice.
legal update - need advice
Does your attorney believe in you? And this case could be used as a way to legally define what this site is, no matter if it is correct, or not.
May Your Light Forever Shine
I'm not sure
On the one hand it doesn't sound like they have much of a case if any against you. I also question why they were investigating you for online activity as if there aren't real crimes taking place. What does your lawyer advise? I would think and HOPE a judge would throw this case out. Unfortunately that is taking a chance on up to 5 years of your life.
On the other hand, aside from an added stain on you legal record (for email addresses), how badly would being on probation hurt your situation? Is there any activities you do currently that probation would block? Would it affect your job? Would taking the deal make it all go away once and for all?
I like your chances with a judge, but I'm naive enough to believe that most of them are honorable. With a little over an hour to decide, I'm not sure how the ACLU or other organizations would be able to help, but they'd be worth talking with.
I'd go with you gut on this...what do you truly feel will happen if you don't take the deal vs if you do.
All The Best
{{Hugs}}
My person question was "Has
My person question was "Has this crap been put in front of a Grand Jury yet?" added to with "Why hasn't the lawyer filed anything against the DA's office for the stalling and failing to prove anything?"
I'll get a life when it's proven and substantiated to be better than what I'm currently experiencing.
Free advice... possibly worth what you paid for it.
I am not a lawyer. In fact, I rather despise lawyers... so keep that in mind with what I am saying. But while I am not a lawyer... I do know that lawyers like to exploit any tiniest flaw in someone's defence... so please forgive me if this answer is rather long: I want to fully explain my thoughts.
My contact with the legal system has always been a mixed bag. Sometimes I stand by my principals... and win... and sometimes idiocy prevails. Most of the time, the judges actually do a good job -- it just takes them forever and a day to do it.
But then... I have never had to deal with anything remotely as serious as what you are facing. My experiences were things like an idiot who sued me (the judge threw the case out of court... when it eventually got to a judge, two years later -- it was *totally* groundless, just a "shotgun lawsuit" where the idiot sued everyone even vaguely involved in an incident where he was hurt... including those who assisted him after his injury (me)]. Assorted cases where I was either a witness, or the complainant. Et cetera.
Nothing where I was facing jail time myself... so what do I know?
But that said... I have been homeless before, and while on the streets I did get to know quite a few "characters". People with some "interesting" history... including a few sex offenders. Actually, my room-mate in one of the shelters I lived in for a time was a sex offender (admitted to having molested two of her younger cousins, back when she was a youth herself -- kids sometimes act out based on what they have experienced themselves, and she was molested before these incidents). Not important... I just mention it to show I am not totally clueless... and that I have learned not to freak out when someone says they are a "registered sex offender" -- my room-mate became a rather good friend of mine.
And that long, drawn out lawsuit I was in? After the dust had settled... I learned that the complaint *knew* he was suing me without any hope of winning. *Knew* I had done absolutely nothing wrong. But sued anyway... just because he wanted the money, and hoped I would cave in and "settle out of court" rather than risk a trial. Which was why they used legal manoeuvres to draw the whole process out as long as possible -- in the hope I would just settle to get it *over* with.
I am not a lawyer... but I have heard many second hand reports of prosecutors doing similar legal tricks. Charging someone with something they can not prove (but at least vaguely think might be true... as I imagine your idiot prosecutor/detective probably genuinely thinks that the Private Message system here somehow violates your rules...even if that detective is wrong about that), in the hope that the person charged will admit to something -- knowing that they can not prove a crime, but just wanting to get a "registered sex offender" off the streets any way they can. (I seem to remember seeing on TV that your country has a "three strikes" legal rule... would plea bargaining to this issue use up one of those strikes and mean that if you were ever busted again, it would be for a very long time? I am not sure... ask your lawyer). The fact that they have hung onto your computer for so long also "smells" to me like their deliberately being a nuisance to you in the hope you will fold -- for as someone else pointed out, they have had it way longer than they need it... although I suppose that could just be that they do not care if you ever get it back, and have some vague idea that it might be useful to have handy to make it easier for them to check out any defences that you offer up. Shrug. It is probably gathering dust in a store room somewhere where they don't need to look at it -- why should they care if it sits there forever?
But that is my reaction. They are just sitting on things... seeing if they can make you give in. Making little effort themselves (I doubt the detective involved even thinks about you most days) while deliberately dragging things out in the hope that you will plea to something, just to make all this go away. After all, it probably looks better on that detectives record if they can close a case with a conviction. If you really are innocent (as I assume you are)... and the detective admits it... does that not open up another can of worms for them? Risk your suing them for wrongful prosecution, and "damages" from the loss of your computer for so long? Were I that detective, I can see being tempted to do just what is being done... drag things out, and offer to make things go away in a "relatively painless" way... rather than admit to being at fault, and risk reprisals. [I am not saying I would do that... or that it is right... I am just saying I can sort of see where they might be coming from...]
So... my advice? Normally, I would say trust the system. Stand up for what is right. Risk the trial. Force them to go to court -- and count on the judge throwing this mess out, once it finally reaches someone impartial.
Shrug. Easy for me to say, I know -- I am not the one facing 5 years, and the knowledge that sex offenders are often treated rather badly "inside". A possible fate only made worse by your being trans... which can also be a problem, depending on your local prison system...
But I said "normally" for a reason. As I would also "normally" recommend that you have documentation to back up your side -- the judge is not likely to be impressed by "hearsay". And it is really hard to prove a negative.
Shrug. I assume that what I am about to say is things that your lawyer is already doing. But I will say is anyway, just in case that lawyer missed a bet. Five years is a long time to pay for it if they did miss something... and you lose.
How do you prove that an email does not belong to you (for the email that you said never existed at all... at least by you... but which may exist belonging to someone else)? Your "alleged" lack of the password (inability to access that email account) will mean nothing, I suspect. Any lawyer could dismiss that fairly easily as a lie. (I am not saying that you are lying... just that I can all too easily see that argument being made in court). I suppose your lawyer could subpoena records from whatever web service "owns" that email address, to show that it belongs to someone else... but that only works if in fact there actually is such an email account. I suppose your lawyer could get a statement from the web service that owns the domain name of that email account to the effect that they have no records of it ever existing... but that takes time to do. I hope your lawyer (or legal aide, or whatever) is already working on that...
Likewise the dead email account. Document that it no longer exists. Contact the web service that hosted it, and get a statement of some sort that backs up your claim that the account is history... something in writing. Subpoena it if necessary -- as that may be the only way some sites will open their records. [And if the site no longer exists... find the records that document when the company went out of business -- if you can show that, it becomes extremely unlikely that your email account survived after that company died...].
As for the internal private messaging system here... document it as well. I seem to recall your asking about here, publicly -- hard copy the useful replies you got, telling you how the system works, and why it is not an email system. Make a hard copy of the sites "Create account" page, highlighting the part about all users being required to affirm that they are over 18 years of age -- unless I am mistaken (possible), the intent of the whole "register email and instant messenger accounts" thing for sex offenders is to make it harder for them to get in contact with children... so you want to document that the Private Message system here does not put you in contact with children...
Whatever. As I said, I assume that your lawyer is already looking at doing all of the above. That documenting your defence is being done. And yet, there is a plea bargain on the table, and I assume your lawyer has hinted that you take it -- or else you probably would not be asking for advice here. [At least, I HOPE you have listened to your lawyer's opinions about all this already -- in not, please do so ASAP.]
I suppose there is still a risk that the judge could rule the other way. Decide that having access to the Private Message system here violates the principal behind the "monitored electronic communications" of your rules... even if it complies with the exact wording of it. That is definitely a risk... and I have no way of knowing how likely that is to happen, no way of knowing the personal opinions of the judge you would face.
But despite that... I would be inclined to risk it, were it me that faced this. I would stand up for myself in court. From the sounds of things, you have already tried the "plea to something you haven't done, because it is safer" thing before... and look where it has gotten you?
One offence on your record is bad... but people sometimes will overlook that -- I frequently do. Multiple offences on your record is worse -- much worse. It is *much* harder to trust someone whose record shows a repeat pattern. Shrug. Most people won't ask you for an explanation -- I know I rarely do. They will just see that you made a mistake... were punished... and then went back and repeated your mistakes. That you did not learn your lesson... and probably won't learn it now. Or at least, to be honest, that is my own usual reaction to people with a "long" (as in, more than one) list of criminal offences. I tend to think that anyone can make a mistake once -- but they should have learned from it. And if they did not... I tend to be much more cautious of them...
By the way... and as a bit of an aside... it occurs to me that you are just setting yourself up for another fall, if you accept this plea bargain. You mentioned that the probation is contingent that you "register both this site and the 2 email addresses that don't exist". So... what happens when you register them, if you accept the bargain? I assume that they will then demand the passwords to those non-existent email accounts... and of course, you will not be able to provide those. Which would likely result in their issuing a subpoena for those non-existent passwords... and your failure to provide them then seems all too likely to result in a "contempt of court" charge...
Are you sure this is even a genuine offer? Or is it just another ploy by that detective, trying to set you up for a later "contempt of court" conviction?
Which is why I don't really recommend another plea bargain, that will leave another stain on your record -- if it is even legit. Proving your innocence will not be easy -- the whole "proving a negative" thing -- but while there is definitely a risk involved, I personally would take that risk over the alternative.
But that is just me. Someone not in your shoes, and not having to live with the consequences if I am wrong. You asked for opinions... so I am giving one... but only you can decide if it is worth anything or not...
I repeat, I am not a lawyer. This is just my two cents worth... from someone who is not even in the same country as you, and therefore only knows your legal system from TV shows...
emails
when i send an email to the account names it says they mailbox does not exist.
Anyway, I decided to take it to trial. I will not be bullied any more.
Katie Leone (Katie-Leone.com)
Writing is what you do when you put pen to paper, being an author is what you do when you bring words to life
Good for you!
If the email accounts in question bounce back "Mailbox does not exist" messages, ask your lawyer to send an email to them and print off the return messages - for fairly obvious reasons, a court is more likely to take notice of auto-fail messages sent to a lawyer than auto-fail messages sent to the defendent.
With regards to BCTS, find the exact wording of the "register email addresses" requirement, work with your lawyer to summarise exactly what email is (if they can add the relevant RFC documents to the evidence file, so much the better!) so that, point by point, you can argue that BCTS is not email. It does require an email address to be provided to activate your account, but that's no different from pretty much every other website with a registration system (web forums, online banking, utility providers, retailers e.g. Amazon...)
As others have speculated, the case does carry the feint odour of someone in authority with a bad case of transphobia, who, because they can't directly cause you pain and suffering because you're defiling the image of [insert deity here], has decided to do the nearest legal equivalent. That may not be the case at all, but the proverbial odour does seem strangely similar...
As the right side of the brain controls the left side of the body, then only left-handers are in their right mind!