[Goin Fer It]

My husband drove a little over 600 miles yesterday. He stayed at a truck stop outside of the Dalles in Wisconsin. Tonight he is hoping to be in Bismark, North Dakota.

He is thinking that he will be here through our are on Monday. At this time he is planning on going to Karate with our son on Monday night. He is planning on leaving here Tuesday morning and getting into Kingston Washington on Tuesday afternoon.

As far as the legal mess in Oregon. Oscar said the DA will agree to everything regarding my husband pleading to the third degree Criminal Mischief except she wants him to plea guilty instead of No Contest.

1. She has agreed to drop all other charges.
2. She is to agree that no other charges regarding this matter will be brought against him.
3. The only fine will be $500.00. To be made in installments.
4. He will not have to appear in court again.

When my husband asked Oscar why the DA insisted that he plea guilty to Third Degree Criminal Mischief instead of No Contest he said so she would have a conviction on for her record. :roll: What a justice system we have. She knows he is not guilty but just for her record and in order to save us time and money she will have him lie and say he is guilty. I have known that our justice system is a broken one for years. It is all a game for attorneys and who scores the most brownie points.

Here is what Criminal Mischief in the Third Degree reads:

ORS 164.345 Criminal mischief in the third degree. (1) A person commits the crime of criminal mischief in the third degree if, with intent to cause substantial inconvenience to the owner or to another person, and having no right to do so nor reasonable ground to believe that the person has such right, the person tampers or interferes with property of another.

(2) Criminal mischief in the third degree is a Class C misdemeanor. [1971 c.743 §145]

If the DA had any scruples at all she would have him plea No Contest because she is now having him say he did something that he did not do. But heck our attorney would have had him plea to a Class A misdemeanor that he knew he was innocent of.

As far as our water goes we got it working yesterday. It was a DUH kind of thing. The one iron filter was really clogged. We had just changed it and did not think about checking it. We need to purchase a new iron filtration system. So when we can save some money this will be first on our list of things to get.

Goin Fer It's Wife

[Useless]

GFIW,

Much as I hate to say it, tell your husband to take the deal, get this crap behind you, and then get on with your lives.

As for guilty vs. no contest, it really does not amount to a hill of beans in difference, regardless of what anyone tries to tell you!!

I told you before that it's all about statistics in the win loss collum, and dealing with abstractions.

You are right, that really sucks, but as i said before, we do not have a true system of justice at work here, but rather a complex and expensive legal system..

The good news is that the most difficult times will soon be behind you, your husband seems to be well situated, and you are in a position to start rebuilding your lives together. Leave the past in it's place, unfair though it may be, and get on building a better future

Peace, Useless!!

[Kintama]

Criminal Misc. 3 isn't crap, plead and move on. No contest is guilty without saying you're guilty, looks the same no matter how you slice it. To bad your hubby had to learn it the hard way, but it will only make him the better driver in the long run. Good Luck.

[feederfred]

A conviction is a conviction. No offense intended, but the other posters do not have to deal with the later consequences "down the road". A conviction WILL come back to haunt your husband later in his driving career. Or, get ready for a "career" of sub-standard jobs and the wages they bring. Take a no contest or nothing. Believe me, you cannot even throw boxes off the back of a UPS truck with a conviction (NOT that I think you or anyone else is remotely interested in UPS), it's just the idea. Nice guy, makes mistake, takes the easy way out and pays for it later. I know times are tough for you two, but right now is not the time to give in. Just my two cents....We're "rooting" for you..

[devildice]

Originally Posted by feederfred

A conviction is a conviction. No offense intended, but the other posters do not have to deal with the later consequences "down the road". A conviction WILL come back to haunt your husband later in his driving career. Or, get ready for a "career" of sub-standard jobs and the wages they bring. Take a no contest or nothing. Believe me, you cannot even throw boxes off the back of a UPS truck with a conviction (NOT that I think you or anyone else is remotely interested in UPS), it's just the idea. Nice guy, makes mistake, takes the easy way out and pays for it later. I know times are tough for you two, but right now is not the time to give in. Just my two cents....We're "rooting" for you..

I by no means am an expert but I have to agree with feederfred......

[Useless]

Originally Posted by feederfred

A conviction is a conviction. No offense intended, but the other posters do not have to deal with the later consequences "down the road". A conviction WILL come back to haunt your husband later in his driving career. Or, get ready for a "career" of sub-standard jobs and the wages they bring. Take a no contest or nothing. Believe me, you cannot even throw boxes off the back of a UPS truck with a conviction (NOT that I think you or anyone else is remotely interested in UPS), it's just the idea. Nice guy, makes mistake, takes the easy way out and pays for it later. I know times are tough for you two, but right now is not the time to give in. Just my two cents....We're "rooting" for you..

Nice thoughts, but the consequences of NOT taking the deal could be much worse. If they had the financial resources to fight this, I would agree with you completely; but with their limited financial resources, the best that they can hope for is for their attorney to cop the best plea deal that he can.

As far our legal system is concerned, and as future prospects for employment are concerned, a "No Contest" plea is no different than a "Guilty" plea; yet, I know quite a few drivers who have had far more serious legal problems who have gone on to build successful careers as drivers. Yes, some doors will be closed, and that sucks. I won't argue that.

It's pathetic that this is the way that our legal system works, but I didn't write the rules to this game. In the mean time, her husband is employed as a driver, and as long as he avoids anymore mishaps in the truck, he should be okay.

[Goin Fer It]

Originally Posted by Useless

GFIW,

Much as I hate to say it, tell your husband to take the deal, get this crap behind you, and then get on with your lives.

I agree with this. We cannot keep worrying about this and keep going to Oregon.

Originally Posted by Useless

As for guilty vs. no contest, it really does not amount to a hill of beans in difference, regardless of what anyone tries to tell you!!

There is a difference to me. I could not plead guilty to something I knew I was not guilty of. I would have to take the No Contest as I would be saying I could not fight it. Which for me would be financial not because of the proof they have against me.

Originally Posted by Useless

I told you before that it's all about statistics in the win loss compliant, and dealing with abstractions.

You are right, that really sucks, but as i said before, we do not have a true system of justice at work here, but rather a complex and expensive legal system..

I know and sometimes I wish I could change some things in this world. Make a difference. I think more people need to care and take a stand before anything will change. I think sometimes that we have gotten so use to corruption and what is wrong with our government that we just shrug it off. It is sad. I know since we have been to compliant that we are now going to have our borders melded with Canada Mexico and we will soon become the Americas. And people will not even know what has happened.
Other people in other countries know what is coming here but the Americans don't. SAD VERY SAD! Now don't get me started!

Originally Posted by Useless

The good news is that the most difficult times will soon be behind you, your husband seems to be well situated, and you are in a position to start rebuilding your lives together. Leave the past in it's place, unfair though it may be, and get on building a better future

Financially I agree. We need to move on. In 2004 10 days after my dad died unexpectedly everything went down hill for us when my husband lost his job with 180 connect. I just saw they made the news. HR is a joke there.

Originally Posted by Useless

Peace, Useless!!

Thank you same to you!

Goin Fer It's Wife

[Goin Fer It]

Originally Posted by Kintama

Criminal Misc. 3 isn't crap, plead and move on. No contest is guilty without saying you're guilty, looks the same no matter how you slice it. To bad your hubby had to learn it the hard way, but it will only make him the better driver in the long run. Good Luck.

This is true about the financial aspect, and having it on the record consequence of pleading guilty vs. No Contest. Unless there is another civil lawsuit or another action where a guilty plea can be used against you. But for me pleading guilty to something I knew I was not guilty of....I just could not do it. My husband does not want to put a fight to get the plea changed though. I would!

Thank you for the good wishes!

Goin Fer It's Wife

[Goin Fer It]

Originally Posted by feederfred

A conviction is a conviction. No offense intended, but the other posters do not have to deal with the later consequences "down the road". A conviction WILL come back to haunt your husband later in his driving career. Or, get ready for a "career" of sub-standard jobs and the wages they bring.

I understand what you are saying. I know it will be on his record for three years and hopefully we will be in a position were we can have this expunged from his record.
Allot of this has to do with the wimp we have for an attorney and with what Useless said

Originally Posted by Useless

Nice thoughts, but the consequences of NOT taking the deal could be much worse. If they had the financial resources to fight this, I would agree with you completely; but with their limited financial resources, the best that they can hope for is for their attorney to cop the best plea deal that he can.

Originally Posted by feederfred

Take a no contest or nothing. Believe me, you cannot even throw boxes off the back of a UPS truck with a conviction (NOT that I think you or anyone else is remotely interested in UPS), it's just the idea.

If it was me I would take no less than a No Contest plea. But the consequences are pretty much the same.

Originally Posted by feederfred

Nice guy, makes mistake, takes the easy way out and pays for it later. I know times are tough for you two, but right now is not the time to give in. Just my two cents....We're "rooting" for you..

It wasn't such an easy way out. Because of the bogus felony charge my husband has to appear at the hearings. That is why we had to go to Oregon. That trip cost around $850.00. We do not have the money at this time to keep making trips. And we have a weak attorney that just wants this off his desk. My husband cannot keep asking for time off work to fight this. He may loose his job. I like your fighting spirit but we are not in a position to fight. Without a large amount of money for a descent attorney it could end up worse.

We are suppose to get the paper work this week sometime and I will read it over with a fine tooth comb. I am not happy about this but at the same time I am being realistic. And we did fight with the attorneys to at least get it down to a Third Degree.

I know you and you wife have been supportive of us and we appreciate it.

Goin Fer It's Wife

[Goin Fer It]

Originally Posted by devildice

I by no means am an expert but I have to agree with feederfred......

I agree with him also. I just know that we cannot financially afford to fight this properly and because of this it could end up way worse.

Goin Fer It's Wife