Grand Jury speculation thread

[Hogar Grupal]

Could you imagine if a kiwi ended up on the jury?

That would be something. It would give Chris' defense a good show.

 

[Amerikaner Teddybär]

Could that make his portion of the evidence inadmissible?

I’d fucking love to see Bella subpoenaed though. Some monkey paw shit, she wanted some easy internet fame via fucking with Chris Chan, reap the whirlwind.

That would be a sight, Chris would spergout like no other autist considering how he talks about Bella in the Jail Letters.

 

[Elbow Greased Strength]

So, does this mean Heidberg (however it's spelled) is off the case since it's going to a different court. I'm woefully ignorant on how that works with a court appointed lawyer.

I don't think there would be any issue retaining him as counsel, if anything he picked up the case specifically because of the circumstances and his background in criminal law.

Who knows if Chris would be stupid enough to throw a hissy fit and fire him after this though, or be so unreasonable and obnoxious he makes counsel resign.

 

[fallen_punk]

Anyway, the most interesting part of this whole process is that a grand jury has nearly unlimited power. Typically they just sit back and listen to whatever the courtroom attorneys present, but they are entitled to demand, and receive, any evidence they ask for.

This message brought to you by the CWCville Fully Informed Grand Jury Association.

I've been on a grand jury and this is true. They can request any person, go to any place. I guess they could also go to CWCville if they wanted.

 

[Sissyagamben]

Could that make his portion of the evidence inadmissible?

I’d fucking love to see Bella subpoenaed though. Some monkey paw shit, she wanted some easy internet fame via fucking with Chris Chan, reap the whirlwind.

Check out the pinned FAQ thread, latest pages (from page 9 I think) talks about it

 

[pickle_boy]

I wonder how the lawyers will handle this if it goes to a full trial. I don't think the BAR tests you on what to do when an autismo who has 20 years of internet history rapes his/hers geriatric Alzheimer's mother.

 

[King Kiwi]

new thread time, Chris case sent to grand jury?

Yes but why is there a question mark?

 

[CharlesBarkley]

I wonder how the lawyers will handle this if it goes to a full trial. I don't think the BAR tests you on what to do when an autismo who has 20 years of internet history rapes his/hers geriatric Alzheimer's mother.

It’s VA. They probably deal with a ton of incest and family rape cases.

 

[Yksi_Toveri]

I don't think there would be any issue retaining him as counsel, if anything he picked up the case specifically because of the circumstances and his background in criminal law.

Appreciated. I figured as much but was unsure enough that I felt the need to ask.

 

[Mary Jane]

Who knows if Chris would be stupid enough to throw a hissy fit and fire him after this though, or be so unreasonable and obnoxious he makes counsel resign.

Can you fire a court appointed lawyer? Legit question.

 

[Aqua Panda]

Jim is on point.

 

[Kermit Jizz]

Can you fire a court appointed lawyer? Legit question.

Based on what I've seen, you can request new counsel but that doesn't mean you'll be granted it.

 

[draggs]

I just called

The courthouse is closed and the voicemail told me to stop pozloading my neghole and that I am a big faget

I feel attacked

 

[Kosher Dill]

Can you fire a court appointed lawyer? Legit question.

Absolutely, you always have the choice to hire your own lawyer instead or represent yourself.
I assume there are some corner cases relating to "too batshit crazy", but in that case you're probably not fit to stand trial at all.

 

[Elbow Greased Strength]

Can you fire a court appointed lawyer? Legit question.

You can but there are some strict requirements (generally speaking you only get court-appointed counsel if you are indigent so it's unlikely Chris could afford to hire a capable lawyer).

I know you basically have to prove that your counsel is so ineffective it's depriving you of your Constitutional rights, or there are such irreconcilable differences between you that it has a similar outcome.

I think for the attorney to resign it's the same situation but in reverse, i.e. they are not able to effectively aid in their client's defense.

Could be others but I don't have very frequent involvement with the legal system.

 

[NuancedTardWrangler]

Chris already had a few weeks in a rubber room. I am certain that the purpose of that friendly visit was to determine if he was fit to stand trial. And the fact that he is being brought up on felony charges should tell us that it's highly unlikely if an insanity defense is in the cards any more.

Chris may get meds to manage his depression, but from here on out he's a felony defendant just like every other felony defendant in prison. He can throw a fit and stamp his feet and be uncooperative, but no one is going to cut him slack for being crazy any more. Heilberg rolled the dice hoping the evaluation would determine that and clearly lost.

I'm pretty sure the prosecution offered a plea deal, negotiated over a period of weeks with Heilberg. I can't imagine a plea deal for Chris not including points like pleading guilty to incest, probation, staying away from Barb and not returning to 14 BC. Chris is just dumb enough to see any of those things as dealbreakers. There's going to be no other offer until the Grand Jury rubber stamps him for felony rape charges. And the next plea deal won't be letting him out on probation if he promises to be a good boy. It will consist of hard time.

In Virginia, conviction for rape is 5 years to life. Eventually, he is going to realize what he is facing and will want to accept a plea deal. Being Chris, he will think he can retroactively accept a deal he's been offered in the past. He is going to find out that the deals get progressively worse for him and he can't go backwards.

That’s not even the tip of the iceberg: Chris is in a three strike state, and seeing as this is his third strike, his punishment will be much harsher than if this wasn’t. Even if Chris were to miraculously worm his way out of this, his tugboat will be gone, his house likely will be condemned or foreclosed in under a year, and he’ll still be completely unemployable. In short, he’s completely fucked, and it’s best that he’s put in a psych ward. Worst case scenario for prison: he’s put in genpop and will be killed within a few months or weeks. Even his best case scenario just has him being delusional in psych ward (which will get worse when barb kicks the bucket)

 

[lolwatagain]

Absolutely, you always have the choice to hire your own lawyer instead or represent yourself.
I assume there are some corner cases relating to "too batshit crazy", but in that case you're probably not fit to stand trial at all.

Uncle Ted fired his public defenders because they wanted to plead insanity.

 

[Ammyterasu]

If it goes to trial, closer to 100%. Null did afterall foreword information to the State about him stealing Barbs money and breaking the restraining order. If breaking that restraining order is one of the charges the State will need Null as a witness to verify the crime. I don't see this going to trial though. Chris is going to get threatened with Hard Time, and then offered an easy way out. He's going to take the easy way out.

Either way, A Subpoena with Josh's name is probably already in the mail. Shit sucks, but that's how this goes. its possible he'll be asked to fill out a sworn statement for the Grand Jury. But only if Chris is a retard and doesn't plead out.

If that happens, I want them to ask Null who's the person Chris asked him to kill.

 

[mindlessobserver]

It sounds like you're describing deferred disposition. It would be weird if a suspended sentence expunged your felony.

What I was wondering about is if Chris would get a felony with most of the sentence suspended, or deferred disposition (where the charges would be dropped -- something that wasn't possible for tard reasons until recently).

As I understand it, truth in sentencing laws made it so Virginia doesn't do parole for sentences imposed after 2000, just 15% good conduct credit.

Deferred Disposition is another term for the same thing. For the Felony versions of the crimes Chris is up against, you don't get the entire prison term suspended though. If a term of prison (i.e, No less then X years) is baked into the Statute the judge does not have discretion. He has to send you up river. Rape of a Senior Citizen of limited cognitive capacity in Virginia has a mandatory MINIMUM time in Jail of 25 years, up to 40 years. Which means Chris would HAVE to spend 25 years in prison, with the other 15 years suspended. Which means he would be eligible for parole in Virginia after 20 years, with 5 years of parole.

This is why its complicated when we are talking Felonies. Especially cases where there are multiple felonies. Long story short, Chris needs to shut up and let his lawyer talk. He can plead guilty to crimes without mandatory minimums, and be convicted with time served, while he can defer disposition on the more serious charges pending good behavior at the courts discretion.

 

[Pointless Sperg]

So, does this mean Heidberg (however it's spelled) is off the case since it's going to a different court. I'm woefully ignorant on how that works with a court appointed lawyer.

Unless he presents a good reason to be replaced, Heilberg will still be Chris' attorney.

I'm assuming they will be able to hold him until then by filing another misdemeanor charge? The one week gap between when his jail term should end and the first day of the grand jury seating is weird jurisdictionaly.

I don't think that's necessary. By the time they got a judge to order Chris be released, the grand jury will have already met. Again, I could be talking about my ass, but the mere fact that they filed for indictment should satisfy the conditions. It would only become an issue if for some reason the grand jury failed to return a timely indictment.

This is more of a common law and due process issue rather than exact deadlines specified in statute. I spent quite a while researching this, but in every case I've found (outside of Mississippi), when the issue was brought to a judge, the prosecution was ordered to either release the defendant or immediately submit the case for indictment, with the person remaining in jail in the latter case, rather than being freed and then rearrested.

@Pointless Sperg can we updates the FAQ yet? A lot of questions in this thread that have already been answered 100 times in the past 3 hours.

I'm still trying to get a handle on the situation so I can make sure that what I put in it isn't bullshit. Please be patient.