CWC's GameStop Assault and Arrest MegaThread & Speculation (27-Dec-2014)

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DeadMansHand said:
OK let me rephrase--he may not have a PD yet because he hasn't gotten to a point where Virginia needs to assign him one, i.e. a hearing where one is required, or Chris actively asserting his right to counsel.
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If Chris doesn't assert that right, will one be assigned eventually? Or would Chris have to actually tell the court he needs a public defender?

On a related topic, do we know what Barb is making of all this? I know Marvin is saying she'll let Chris go into the court in full blown Chris-Tran get up, but beyond that does she know Chris might be locked away for up to a year? Or is she thinking like Chris that all this will just blow over without any real consequences?
 
HarryHowler said:
The relevant Virginia law can be viewed here. If I understand it correctly, the required threshold for being eligible for a public defender is an income plus assets of less than 125% the federal poverty level. And while the state cannot force people to sell their homes to pay for a lawyer (not that it would matter in this case, since 14BC is in Barb's name, not Chris's), everything else is fair game.

Also, the state cannot force Chris to represent himself, if he can't afford to pay for a lawyer; either he has to sign a waiver agreeing to defend himself, or the court has to give him a public defender.
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If I'm reading this correctly, if Chris' car is worth more than $20k (1.25 * $15,930), the state's not obligated to get him a public defender?
Atlas 95 said:
On a related topic, do we know what Barb is making of all this? I know Marvin is saying she'll let Chris go into the court in full blown Chris-Tran get up, but beyond that does she know Chris might be locked away for up to a year? Or is she thinking like Chris that all this will just blow over without any real consequences?
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Well no, I didn't say that Barb would let Chris wear something crazy. Just saying she's not going to cut his hair. Barb forcibly cut Chris' hair before because it bothered her personally, not because of larger views of society. She doesn't care what society thinks unless she's desperate.

Also, Barb thinks she can fight this, I'm sure. I don't know if she's got any concrete ideas in her head about how that'll happen, mostly because she hasn't talked to Chris' lawyer yet.
 
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Atlas 95 said:
If Chris doesn't assert that right, will one be assigned eventually? Or would Chris have to actually tell the court he needs a public defender?

On a related topic, do we know what Barb is making of all this? I know Marvin is saying she'll let Chris go into the court in full blown Chris-Tran get up, but beyond that does she know Chris might be locked away for up to a year? Or is she thinking like Chris that all this will just blow over without any real consequences?
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Marvin's right, the case was probably assigned to a PD already, they just haven't "officially" interacted yet (we're just kind of splitting hairs on the assigned/met/whatever terminology here). Unless Chris was screaming about seeing a lawyer when the cops picked him up, there would be no need. And FYI he would have applied for a PD when he was in jail for the weekend.

Who know what Barb is thinking. She might believe that Chris really was being assaulted and it's legit self defense. God knows she isn't going online and looking for the videos of the incident. BUT, once she realizes the tugboat might be in jeopardy, I'm sure she'll be calling the PDs office four times a day. And probably threatening to sue them if they don't take care of her speshul l'il Chrisshun....
 
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Marvin said:
If I'm reading this correctly, if Chris' car is worth more than $20k (1.25 * $15,930), the state's not obligated to get him a public defender?
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It says "assets of the accused which are convertible into cash within a reasonable period of time without causing substantial hardship or jeopardizing the ability of the accused to maintain home and employment." I'd assume that selling your car would be considered to cause substantial hardship, and so wouldn't be considered. Now, if Chris winds up arguing with the judge over whether selling all his Lego and video games is a substantial hardship, that would be awesome.
 
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Gensdupays said:
Wow, Chris hasn't even met his PD? This cannot be normal.
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It's entirely normal. The right to counsel doesn't attach the moment you're being investigated by the police or even at any particular bright-line point. Although one can have the right to counsel earlier, as in some forms of custodial interrogation, especially when explicitly demanded, it's quite common for a defendant not to have assigned counsel until after arraignment or, in this case, preliminary hearing.

It's possible he was entitled to one previously and simply didn't insist on it, but meeting counsel (especially assigned counsel) at the first important procedural hearing is pretty common.

Atlas 95 said:
If Chris doesn't assert that right, will one be assigned eventually? Or would Chris have to actually tell the court he needs a public defender?
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The docket entry for the initial video arraignment indicates counsel as the PD's office. The same assistant PD may very well be representing multiple people at that cattle call hearing, having received whatever case files the defendants have recently, perhaps even only immediately prior to the hearing.

StarsandStrips482 said:
No it hasn't you big baby.
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Dude, I must have personally posted this very information a half-dozen times.
 
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DeadMansHand said:
Who know what Barb is thinking. She might believe that Chris really was being assaulted and it's legit self defense. God knows she isn't going online and looking for the videos of the incident. BUT, once she realizes the tugboat might be in jeopardy, I'm sure she'll be calling the PDs office four times a day. And probably threatening to sue them if they don't take care of her speshul l'il Chrisshun....
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Would that she herself is not being charged this time around impact her actions?
 
I have a question. People are talking about the tugboat being under threat, but I thought that was only if you were convicted of a felony? Is a felony conviction even still on the table?
 
IIRC the unlawful discharge thing is a felony on paper, so I guess that would depend on whether Chris wants to plead down.
 
Zarkon said:
Calling it now: outburst in the courtroom, contempt of court charge.

And also, just because he's autistic doesn't mean he's 'special needs.' He could get up and get a job. The only reason he doesn't is because he's pretty much an idiot.
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I imagine him throwing a fit because he's "a transgender autistic", or something.
 
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The Other Chandler said:
I have a question. People are talking about the tugboat being under threat, but I thought that was only if you were convicted of a felony? Is a felony conviction even still on the table?
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IIRC: If Chris spends more than a month in jail or prison, his Tugboat will be suspended for the duration of his sentence and is automatically reinstated upon release. If his sentence is more than a year, the Tugboat lapses and he'll have to reapply for it.

Suspension or termination of the Tugboat is not a punishment. It's simply a recognition of the fact that someone in jail has their essential needs taken care of by the state, rendering it superfluous.
 
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WhoWantsStancakes said:
I imagine him throwing a fit because he's "a transgender autistic", or something.
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Or he wants to clarify what he has done and expects some great accolades for it, only to have the judge try to shut him up. I can see Chris-Tran screeching about the grave injustice of the blarms as the Judge's patience wears thin.
 
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Zarkon said:
And also, just because he's autistic doesn't mean he's 'special needs.' He could get up and get a job. The only reason he doesn't is because he's pretty much an idiot.
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Really, if you think about it, the only firm AND clear legal recognition we Kiwis have of Chris's condition is Rob Bell's "adult autistic child" statement. The relevant paperwork (i.e. the official diagnosis, the Greene County suit, and the SSDI application) is lost in mystery (and possibly fire), and the Chandlers have done such a spectacular job being a thirty-year headache that people just let the issue go.
 
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The Other Chandler said:
I have a question. People are talking about the tugboat being under threat, but I thought that was only if you were convicted of a felony? Is a felony conviction even still on the table?
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His tugboat would stop for the duration of a prison sentence.

Given how the Chandler's financial situation resembles a stack of cards in an earthquake, losing the tugboat could have far more of an impact than the actual jail time. Barb uses the tugboat to run the house and also has her own debts to deal with. Chris obviously wouldn't need money while in prison but all his credit cards will go unpaid, racking up very large amounts of interest and penalties for not making the minimums each month. Just losing the tugboat for one or two months could be enough to completely bury Charb.
 
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TrippinKahlua said:
Great, we're gonna get another individual who's professional life will be tarnished through the association of Christian Weston Chandler, and the many weens who will undoubtedly attempt to contact him with CWCki articles.
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I have no intention of revealing the name of the PD (should I acquire that information). I'm more interested on how Chris intends to plea and proceed from there.

TrippinKahlua said:
Great, we're gonna get another individual who's professional life will be tarnished through the association of Christian Weston Chandler, and the many weens who will undoubtedly attempt to contact him with CWCki articles.
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Then again.... Chris will probably d0x him/her when they fail to meet his expectations. *sigh*
 
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The case has been continued to April 2nd:
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PS I suck and don't know how to use spoiler tags.
 
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