Due to the seal, are we just in the dark for an unknowable amount of time going forward? Possibly years, with only insight through letters from Chris that are obviously unreliable? I saw the minimum sentence for the current felony charge is five years, and so much of this seems up in the air with deferred disposition only just now being presented. So, I'm wondering if there's any use in (or anyway to do so reasonably) guessing how long the road may be now?
Given the recent explanation from Heilberg, it looks like we'll be mostly in the dark until jury selection, if that ever happens.
The minimum sentence for felony incest is 1 year, the maximum is 10 years.
As for how long, I imagine the case will either have a plea bargain or set for trial within a few months. It could be next week if there's a plea deal. Even with delays it should be over by the end of the year, with a trial in early 2023 at the absolute most-absurd latest.
This would only change if the charges are upgraded to rape, in which case the battle could be over very quickly, or take another 2 years depending on how hard Heilberg wants to fight it. Court cases where there is a long minimum sentence can take multiple years if the defense is willing to fight it out through every maneuver they have.
Given that incest effectively has no minimum sentence (since it's a wobbler), and even as a felony the minimum is one year, there's less incentive to fight it out. The goal is to get some sort of suspension (in this case Heilberg is trying for deferred disposition, but failing that he will try for a suspended sentence), where all but time served is suspended.
Given that Chris seemed to be thinking he was going home after 6 months, I imagine the first thing Heilberg tried was 6 months time served, 6 months suspended, on a misdemeanor conviction, but it didn't work out, either because Chris fucked it up or because the prosecution decided they wanted more.
Its Barb.
Can she testify that Chris shoved his penis in her?
Is she in any condition to do that?
If she can communicate, she can testify. Her testimony will be important, and Chris has the sixth amendment right to demand the ability to confront her if she testifies -- if not in person then in video conference. That right is part of the leverage they have for a plea deal -- sparing the old lady from having to testify.
That leverage is used in a lot of plea bargains for child molestation cases, even when they are determined to zap the accused to the extreme.