Commonwealth of Virginia v. Austin Curtis Peterson - JA010478-02-00 Assault and Battery on Family Member & GC24002688-00 DRUGS: POSSESS SCH I OR II

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There is a glimmer of hope for the preliminary hearing next week. With the willingness for bond being rejected a deal, any deal no matter how bad, may be tempting for Austin due to his intolerance for being in jail. If not, then the judge will confirm the felony and send it over to Circuit Court. Not sure if there is another opportunity of bond then.
By my crude unofficial calculations by the 21'st Austin will have spent 38 days in jail for a drug possession.

Austin's Jail-time break down (Unofficial I do not know how his jurisdiction counts on the calendar day or the 24 hour day)

Initial Arrest for Domestic Violence and Drug Possession July 2-July 12 10 Days

Arrest on Warrant for Bond Violation September 19 - September 24 6 Days

Arrest on Warrant for Bond Violation, Domestic ViolenceOctober 27 - Today 19 days

Total Served as of today: 35 days

Total Served as of next hearing November 21: 42 days
 
With the willingness for bond being rejected a deal, any deal no matter how bad, may be tempting for Austin due to his intolerance for being in jail.
What expectation would the prosecutors or judge have that Bossman would stick to any deal terms that weren't jail? He violated his bond twice. Anything that leaves him with no jail time he will just ignore.
 
What expectation would the prosecutors or judge have that Bossman would stick to any deal terms that weren't jail? He violated his bond twice. Anything that leaves him with no jail time he will just ignore.
This kinda gets to a crossroads of the judicial systems purpose. Is their goal to fulfill justice and punish Austin? Or are they responsible for rehabbing his drug and mental problems? Yes not treating the issues sets Austin up for recidivism but where to draw the line of spending resources is a topic for greater debate. Is locking Austin up in jail for the full available year to "keep him off drugs" really justice? I dunno.

Usually there is compassion for someone to give treatment as an alternative to jail in a plea deal. As you point out Austin has failed/refused to commit to any treatment so there is no longer a reason for compassion. But a plea deal could still be offered as pleas benefit the state by reducing cost of the prosecution, quickly close a case, and maintain a conviction record.

A plea deal here could still benefit both parties, but it would favor the prosecution more at this point. The deal? Plead guilty right now to a misdemeanor possession charge, we drop the felony charge, you do 30 days jail.

The benefits for Austin: Has already done 30 days time served. If they offer 60 days jail, he's already halfway through. Since he isnt being offered bond anymore he's stuck in jail until the case ends. A felony case could go on until February or longer. Austin also avoids a second felony conviction, and the jail time it contains.

The benefits for the state: Easy conviction. Ends what has been a 4 month trial already. Frees up the sherriff's witnesses, the prosecutor, the clerk and the judge of this for now. Can still be "tough on crime" as Austin was a first time drug offender.
 
Is locking Austin up in jail for the full available year to "keep him off drugs" really justice? I dunno.
Maybe not, but anyone as far gone as BMJ isn't going to get off drugs by just detoxing for a week. It's questionable whether even a generic 28 day rehab in a custodial facility you're not free to leave would manage it. He really calls for an intervention of a serious kind, like six months or a year, somewhere.

It has to be long enough not just to detox, but to develop good habits. I don't even see much hope for that.

I also think that if they don't address the gambling (and end all our fun), he's just going to get sucked back into every other bit of it.

I'm not really "worried" about him actually seriously going clean so it might just be the lulz are turned off for at least a few months.
 
If they offer 60 days jail, he's already halfway through.
Apparently you can get good time in Virginia and you don't even need to mow the lawns or wrangle up pibbles with animal control, they literally just give you it for not acting up. At least if this shitty law blog is to be believed https://nicholsgreen.com/how-long-am-i-going-to-jail/

Assuming he accepts a misdemeanor offer (prayge)

How do they calculate misdemeanor Jail Time?​

The Sheriff’s Department calculates what percentage of your jail time you actually have to serve. The law requires that the sheriff’s department make people serve a minimum of 50% of their sentence if they are convicted of a misdemeanor. In most jurisdictions in Northern Virginia jail inmates only serve 50% of their non-mandatory jail sentences conditional on their good behavior in the jail. 100% of Mandatory jail time must be served even if it is for a misdemeanor.

For example: if a driver is convicted of their 2nd DUI and receives a jail sentence of 10 days mandatory time and 30 days non-mandatory time, that driver will only serve 25 days in jail (10 days for the mandatory time and 15 days for the non-mandatory time).

Some jails will make an inmate serve 100% of their time if they choose to serve their sentence on the weekends. Prince William County is one of those jurisdictions. Fairfax County will require only 50% regardless of whether or not you do weekends.
Good behavior calculation

Can I get time off for good behavior?​

If you are not serving a mandatory minimum sentence and you do not get into trouble while in Jail the sheriff’s department will typically give automatic good behavior time. When you first receive your release date from the jail, within a few days of being incarcerated, the good time deduction will have already been included in most cases. For non-mandatory misdemeanors, good time off is 50% and for felonies is typically about 10-15%.
I hope this is applicable to Louisa and that Bossman gets the gift of a jail sentence that'll be over before we know it. There's no point in them giving him bond again, he'll just keep violating it.
 
Jones:"So about Austin?"
Prosecutor: "No Chance"
Jesus tapdancing christ. I've seen a lot of prelims and such online and they don't usually slam the door on bond that quick without at least a discussion. An outright "no chance" shows they're fucking done with his antics.
With the willingness for bond being rejected a deal, any deal no matter how bad, may be tempting for Austin due to his intolerance for being in jail.
With the violations he has, if they're actually going to try and get him clean, it's going to be inpatient rehab. Not the cushy junkie kind where you get food delivered and shit, but the unfun kind where you're essentially a prisoner. Otherwise it's probably going to be actual time.
The benefits for the state: Easy conviction. Ends what has been a 4 month trial already. Frees up the sherriff's witnesses, the prosecutor, the clerk and the judge of this for now. Can still be "tough on crime" as Austin was a first time drug offender.
First time drug offender yes, but what about that bullshit he did a few years back? Picking up new charges, domestic cases, bouncing rehab... I don't think the state is going to go for that.
Then again, they let a motherfucker out (literally) with only a year or so.
 
This kinda gets to a crossroads of the judicial systems purpose. Is their goal to fulfill justice and punish Austin? Or are they responsible for rehabbing his drug and mental problems? Yes not treating the issues sets Austin up for recidivism but where to draw the line of spending resources is a topic for greater debate. Is locking Austin up in jail for the full available year to "keep him off drugs" really justice? I dunno.

Usually there is compassion for someone to give treatment as an alternative to jail in a plea deal. As you point out Austin has failed/refused to commit to any treatment so there is no longer a reason for compassion. But a plea deal could still be offered as pleas benefit the state by reducing cost of the prosecution, quickly close a case, and maintain a conviction record.

A plea deal here could still benefit both parties, but it would favor the prosecution more at this point. The deal? Plead guilty right now to a misdemeanor possession charge, we drop the felony charge, you do 30 days jail.

The benefits for Austin: Has already done 30 days time served. If they offer 60 days jail, he's already halfway through. Since he isnt being offered bond anymore he's stuck in jail until the case ends. A felony case could go on until February or longer. Austin also avoids a second felony conviction, and the jail time it contains.

The benefits for the state: Easy conviction. Ends what has been a 4 month trial already. Frees up the sherriff's witnesses, the prosecutor, the clerk and the judge of this for now. Can still be "tough on crime" as Austin was a first time drug offender.
But it's not really just a first time drug offense anymore. There's 2 DV arrests with those outcomes pending. I'm having trouble seeing the County Prosecutors doing much soul searching about how to cure poor Austin's drug demons or mental health issues?

It's going to be time in jail/prison. The only plea will be how much time.
 
Just looking at the demographics of Louisa I can already see how this is going to go. The vast majority of the county is rural "first family" colonials with the biggest minority being landed African Americans. Its going to be clannish all the way down with everyone knowing everybody by at a maximum of two degrees of separation. Unfortunately the county is bisected by a major interstate, and abuts a major metro area. Which means it has to deal with its fair share of nonsense that both entail, that disrupt what is otherwise the courts primary purpose in such a community. Insular rural county courts will always give deference to their residents and try and find some way to avoid causing a hassle to everyone. But the moment you start causing problems with the process you are fucking done, son.

Them giving Bossman a sweetheart deal of probation and rehab and him renegging on it is a slight of honor that won't be ignored. He's now outside the community, in the same way some inner city gang banger caught wrecking his car while drunk on the Interstate is. So he's going to get that same treatment.
 
Jesus tapdancing christ. I've seen a lot of prelims and such online and they don't usually slam the door on bond that quick without at least a discussion. An outright "no chance" shows they're fucking done with his antics.
To be fair, this was the attempted discussion with the prosecutor before the judge entered the courtroom, it was fairly casual. If you've been in court you see it all the time where the defense will run through a few cases to get the temperature on what the prosecutor wants to do. It helps keep them friendly later.

But yeah it was shut down with a quickness. When the judge asked her her thought she laid it all out for him, but in that early discussion the "no chance" was a great summary.
First time drug offender yes, but what about that bullshit he did a few years back? Picking up new charges, domestic cases, bouncing rehab... I don't think the state is going to go for that.
Then again, they let a motherfucker out (literally) with only a year or so.
Its kind of odd and maybe depends on the judge or jurisdictions guidelines. After 9 years a completely different kind of charges might not raise as many eyebrows as you think. Even though we all know that he got off light with his prior felony conviction by being sent to rehab, this judge might not know that...or it doesn't come into play unless the prosecutor wants to bring it in during sentencing.

It definatly will come up though if the drug possession is bound over to circuit court as a felony as a "second time felon" isnt a good look.

But it's not really just a first time drug offense anymore.

It still is a first time drug offense. He has no other drug charges. Just like with his first Domestic violence he got put on a first offender diversion program, even though he was already a convicted felon.

Its not his first offense obviously. But in Virginia they've added some soft on crime "first offense" diversion programs for Domestic Violence, and Drug Offenses where if its your first conviction for either of those types of crimes you can go to a diversion program (some jurisdictions call it a drug court) where you go on what is essentially probation. For the domestic violence its soem education classes and a few years of not getting new DV charges and clean drug tests. For a first drug offense its rehab, some education and maybe AA/NA meetings for a few years. If you complete the program they drop the charge off your record.

And so i'm not a "just trust me bro"
VA's "First offense" drug offender law:
Whenever any person who has not previously been convicted of any criminal offense under this article or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs, with the exception of any misdemeanor conviction for possession of marijuana, or has not previously had a proceeding against him for violation of such an offense dismissed as provided in this section, except a dismissal of a misdemeanor offense for possession of marijuana, pleads guilty to or enters a plea of not guilty to possession of a controlled substance under § 18.2-250, the court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions

And for Domestic Violence
. When a person is charged with a simple assault in violation of subsection A of § 18.2-57 where the victim was a family or household member of the person or a violation of § 18.2-57.2, the court may defer the proceedings against such person, without a finding of guilt, and place him on probation under the terms of this section.


Sorry for any errors in this reply, its been a long one! None of this should be taken as legal advice. Do not get it twisted. Do not slap around your pops or possess the cocaine.
 
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Watch one of the conditions attached to his sentence be a restriction on gambling.
Even if that's the case, how would they enforce that? He already "travels to Norway" to gamble on these crypto casinos. It's not like they were legal in the US to begin with.
 
Even if that's the case, how would they enforce that? He already "travels to Norway" to gamble on these crypto casinos. It's not like they were legal in the US to begin with.
Same way they enforce any other restrictions. Throw him back in jail if he gets caught. Which he will if he's streaming it.
 
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