Chris - The Legal Issues - A Prosecutor's Perspective

[AlphariusOmegon]

If she's really out of it, that can result in a rape charge too. There is a decent chance that she was too out of her mind to consent. Imagine if she said some chilling shit like "I never had sex with Chris, but I did have sex with my husband a few days ago."

Then the prosecution could build a case that there was a rape. If she says that or is like a vegetable then Chris is fucked.

 

[Unpleasant]

I know for a fact that jails in Virginia are treated as a level 5 in terms of classification. Because prisoners from all classifications (including the more violent ones) are housed there, the facility is mostly on lockdown and there are no dorms as it is too risky to keep multiple types of prisoners together.

Virginia uses a regional jail system and any "longer term" jailed inmates who have not yet been convicted will be sent to them in many cases. Many of those are lower custody or work farm camps.

I know the albemarle charlottesville jail near his house is quite low custody. Last time I was there I watched a CO and two inmates change some lady's flat tire outside of the gates, and the Sally port was wide open.

That said I expect Chris's situation will leave him under closer watch, between troonism, autism, and the sex offense charge(s).

 

[Learned Hand]

So is he likely to go with a public defender or with whatever lawyer he had when Barb and he attempted to run over the store owner?

Almost certainly a PD. Chris simply does not have the finances to get proper representation that would bother with a case like this. These are not the kind of cases lawyers take pro bono either, and legal clinics won't touch this. A PD is the only option save some internet lurking counsel with tons of free time licensed to practice in VA.

 

[AlphariusOmegon]

Virginia uses a regional jail system and any "longer term" jailed inmates who have not yet been convicted will be sent to them in many cases. Many of those are lower custody or work farm camps.

This is true. It's cheap (basically free) labor.

There's a story of prisoners stealing tobacco leaves from a farm:

13:33-14:00

 

[CambodianHoliday]

I am absolutely not a lawyer, so I’ll ask here: is there a reason Chris would be seen as unfit to go to prison—is there a system to keep vulnerable people away from dangerous situations?

 

[ShoFuKan]

Incidentally, someone should FOIA the bodycams. I'd be surprised if Richmond cops didn't have them.

Check his shoulder, I remember from the stream there's another one with a body camera as well.

 

[Learned Hand]

I am absolutely not a lawyer, so I’ll ask here: is there a reason Chris would be seen as unfit to go to prison—is there a system to keep vulnerable people away from dangerous situations?

Far more mentally ill than Chris go to prison. The overburdened state usually throws them a bone unless they're violent offenders (like rapists, which will be interesting) and places them in a minimum security situation with other non-violent offenders just doing their time and bidding to get out.

 

[taintmisbehavin]

So is he likely to go with a public defender or with whatever lawyer he had when Barb and he attempted to run over the store owner?

There’s no way Chris is affording that guy again. Barb blew their inheritance from Bob throwing money at the problem while the lawyer tried to convince them to take the plea deal.

I’m not even sure Chris even has someone to bail him out other than his enabler posse (although that also seems optimistic.)

 

[CambodianHoliday]

Far more mentally ill than Chris go to prison. The overburdened state usually throws them a bone unless they're violent offenders (like rapists, which will be interesting) and places them in a minimum security situation with other non-violent offenders just doing their time and bidding to get out.

Chris going to prison is a foregone conclusion imo. He is likely to get a suspended sentence: no way in hell he’ll be able to stick to the terms. No way in hell he’ll be able to repay the money he took from barb—he couldn’t even keep $167 around for a day.

What an end, I guess.

 

[Cripple]

Almost certainly a PD. Chris simply does not have the finances to get proper representation that would bother with a case like this. These are not the kind of cases lawyers take pro bono either, and legal clinics won't touch this. A PD is the only option save some internet lurking counsel with tons of free time licensed to practice in VA.

I just want to say-- imagine going to school for years to be a lawyer, and then you get the Chris Chan case. I know PDs must deal with crazy shit all the time but I wonder if this one knows they're going to get ween calls a hundred times a day.

 

[Tiggy Skibbles]

There’s no way Chris is affording that guy again. Barb blew their inheritance from Bob throwing money at the problem while the lawyer tried to convince them to take the plea deal.

I’m not even sure Chris even has someone to bail him out other than his enabler posse (although that also seems optimistic.)

Jesus, I cant believe this is really the beginning of the end. These next few weeks are going to be very, very interesting.

 

[TheClassic]

Did you not read the lawyer's assessment of Chris as an "opportunistic" offender? So you think a group home wouldn't afford him any opportunity to groom some mentally disabled person into sex? Apparently you aren't watching the back doors very well.

There are specific group homes for specific people, even such as this. Granted, I was mostly speaking in the past tense before the events of this weekend.

 

[failson-lawguy]

I just want to say-- imagine going to school for years to be a lawyer, and then you get the Chris Chan case. I know PDs must deal with crazy shit all the time but I wonder if this one knows they're going to get ween calls a hundred times a day.

PD here, I've dealt with people like Chris before and honestly, people just as delusional if not moreso than chris make up a non-negligible amount of the crimj system. Furthermore, although weens definitely are going to be harassing the PD, it'll just be a larger quantity of the already insane messages that are sent on a daily basis to PD's offices by the aggrieved. I think the funnier thing is that there's probably a UVA/W&M law student interning for the offices of either the Greene County Commonwealth Attorney or PD's office that's going to have to draft the briefs and fact sections based around this situation.

 

[AnOminous]

There is a legal definition of consent. Doesn't matter if Chris did everything by his personal definition of consent, even if that's what he was taught it was his whole life. If it doesn't match up with the legal definition, then he has committed a crime.

That's more or less how it works. His mental state would come into it at the time of sentencing. But whether he is guilty or not is purely a matter of law. Sex crimes are a very bad place to be as a defendant. While all crimes have an actus reus, the actual criminal act, and a mens rea, a criminal state of mind, in the case of sex crimes, it's generally did you actually voluntarily commit the sexual act? It's not a specific intent crime, you do not need to have intended to commit a crime, just the act.

Did Chris intentionally fuck his mom? It's looking like he did.

Furthermore, although weens definitely are going to be harassing the PD, it'll just be a larger quantity of the already insane messages that are sent on a daily basis to PD's offices by the aggrieved.

This isn't to you, but to everyone else. Please do not send insane messages to any legal personnel involved in any of this. It will not help. It will just annoy them.

 

[Learned Hand]

PD here, I've dealt with people like Chris before and honestly, people just as delusional if not moreso than chris make up a non-negligible amount of the crimj system. Furthermore, although weens definitely are going to be harassing the PD, it'll just be a larger quantity of the already insane messages that are sent on a daily basis to PD's offices by the aggrieved. I think the funnier thing is that there's probably a UVA/W&M law student interning for the offices of either the Greene County Commonwealth Attorney or PD's office that's going to have to draft the briefs and fact sections based around this situation.

Imagine having to tackle this 2 weeks before classes start at your first externship in your 1L summer after a quiet and productive summer in Greene County. If they dropped out of law school no one would think them a coward.

 

[Cedric_Eff]

This isn't to you, but to everyone else. Please do not send insane messages to any legal personnel involved in any of this. It will not help. It will just annoy them.

That’s the goal of the a-logs and weens. Annoy the hell out of the PD and get Chris thrown into prison.

 

[Everything Beagle]

Jail is almost always worse than prison. Prisons allow a substantial degree of freedom to lower and medium custody inmates, up to and including the ability to walk off the premises for work or education.

Jails do not have the resources and serve a very different function- jailers are preoccupied with handling writs, court functions, attorney/client meetings, visitations, a large and spread out number of intakes, discharges, first appearances, pulling inmates for questioning or new charges, and everything else. If you arent kept in a "dorm" or pod, you may leave your cell only for an hour or so a day. At the best you might get a trustee spot at a jail, where you can at least leave to go pick up trash or do maintenance around the property.

A prison has case managers, can transfer inmates to move them to more suitable programming or accommodations, and has more emphasis on training and education. Prisoners are encouraged to use their free time constructively, and the vast majority of prisoners have quite a bit of time that is somewhat unsupervised compared to in a jail, where they may wander the premises, sign up for coursework, read, write, or apply for work release or job placements. Most prisons aren't "locked down" outside of headcounts, sleeping times, or higher custody units.

My point is if you're stuck in jail prison isn't a threat... it's a bargaining chip.

I'm also thinking that in prison, you have a sentence and a general idea of when you're leaving. In jail, you're there until you get/pay bail, various paperwork is done, and the legal system has determined what they're going to do with you. I know some people have spent as much as a year in jail.

 

[AnOminous]

That’s the goal of the a-logs and weens. Annoy the hell out of the PD and get Chris thrown into prison.

Or more likely the opposite.

I know some people have spent as much as a year in jail.

I know people who have spent more. And then been found not guilty.

 

[Learned Hand]

I'm also thinking that in prison, you have a sentence and a general idea of when you're leaving. In jail, you're there until you get/pay bail, various paperwork is done, and the legal system has determined what they're going to do with you. I know some people have spent as much as a year in jail.

COVID has dramatically exacerbated this reality too. Some people are spending 1-3 months in jail between hearings, for relatively minor offenses. Courts in many states have been closed more than usual, trying to work remotely, or delaying process to the point where it almost skirts a 4A violation.

Fortunately for Chris, he already has a date. With a little prudent planning and initiative on the part of his PD he may bond out. this week.

 

[Cedric_Eff]

Or more likely the opposite.

All I can say is that people’s out for blood now. May Chris pray that he won’t be on the chopping block.