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

[AnOminous]

Yeah, the escalation is definitely going to bite him. The Judge can't have any confidence any sort of extra judicial remedies out of the criminal system will provide results. He's a repeat offender and he failed to do the steps needed to stay out of jail as ordered by the court.

Really his best case is some kind of time served but now the time served seems highly likely to be a while. I'm not sure about hard time but I could easily see him getting a guidelines sentence, whatever that is. Virginia has an arcane guidelines system and you need access to a special system just to access it and fill out the form that spits out the results.

I wouldn't be surprised at six months to a year but maybe the second domestic kicks it up to something where they actually do something over a year and he goes to big boy prison.

 

[Dizzyuntildeath]

Yeah, the escalation is definitely going to bite him. The Judge can't have any confidence any sort of extra judicial remedies out of the criminal system will provide results. He's a repeat offender and he failed to do the steps needed to stay out of jail as ordered by the court.

I am really curious about the fleeing/Eluding. Did he get chased down on the road or was it more along the lines of his Probation officer calling him and telling him to bring his ass over to the sheriff's office to get cuffed and he didn't do it. That would qualify as Resisting Arrest and Eluding.

I believe someone answered that in the mother thread that eluding can be as simple as walking back into the house while they're trying to talk to you, but can include up to and including fleeing but only insofar as not laying hands on the officer, as I understood it. He didn't want to go and tried to put distance between him and the arresting officer, but didn't actively right back. He knew he was toast, but as others have pointed out, he has no spine to fight someone if he thinks they might fight back.

 

[DSP for president 2032]

Did he get chased down on the road or was it more along the lines of his Probation officer calling him and telling him to bring his ass over to the sheriff's office to get cuffed and he didn't do it. That would qualify as Resisting Arrest and Eluding.

The second option sounds more Bossman's speed. His messed up brain decided that a little extra dopamine was worth potentially catching more charges.

Although, I think the domestic means that the cops were definitely at his house, and probably had to take him away from Ratdad.

maybe the second domestic kicks it up to something where they actually do something over a year and he goes to big boy prison.

That would mean he goes to the violent offenders section, right? Uh oh...

 

[mindlessobserver]

That would mean he goes to the violent offenders section, right? Uh oh...

He can still avoid big boy Prison if the judge is feeling merciful. None of his charges are felonies if memory serves. Just gross misdemeanors. Which means they could all be bundled together into a 1 year sentence.

The issue though is this is his second time through the system and his non compliance with parole. 2-3 years is definitely a possible draw on the hand Bossman is holding. He'd better play what he has straight and cool going foreword to avoid the felt.

 

[Billy Bong]

I don't think he gets the big house at this point, but he'll be away for a while. 6 months to a year sounds about right.
I don't think he'll spend more time inside than Chris Chan, unless he keeps messing up while in jail.

For BMJ, that is a very real possibility, but there's less chance of it happening in jail than if he's allowed out again before all this is settled.

That all goes out the window if they bring in the old probation violation of course, but I don't think they'll do that.

 

[Doinker Marmalade]

The DV case has a hearing set for February of 2025... does that imply that if he gets denied bond, he will spend all this time in jail awaiting his hearing?

 

[lol cow supreme]

felonies if memory serves

the drug posession charge is a felony in Virginia., and is as charged. With the two bond violations there I'm doubting they are gentle with a plea deal at this point on that one. We'll see if they send this for a global resolution across the three courts (Domestic Relations, General District, and Circuit court if the Felony gets bonded over). Typically the Class 6 felonies are the same punishment wise as a Class 1 Misdemeanor time wise, but comes with that felony conviction. Austins already a felon so he doesnt have that extra pressure of becoming one.

I've not heard anything yet about his CURRENT probation for his felony conviction from 2015. He still is technically on that probation until August 2025. Maybe they are waiting for one of these other charges to be sentenced, or since he got 9/10ths of the way through they arent going to pursue it since none of these are related to theft.

 

[Windex]

“eluding/disregarding signal by law enforcement to stop” is only related to behind the wheel, right? Guess that’s why he wasn’t picked up at home.

 

[break these cuffs]

The DV case has a hearing set for February of 2025... does that imply that if he gets denied bond, he will spend all this time in jail awaiting his hearing?

Yes, but it isn't that simple. You have to go somewhere when you get bonded out. Would the court even allow him to go back home at this point? I'm sure Bossmom and Ratdad have already caved, but he has with multiple DV instances, a harrassment/protection order in place, and probably a new one coming. Bossmandrew? He doesn't have any friends and I'm willing to bet any family who will take him in besides mom and dad.

 

[lol cow supreme]

“eluding/disregarding signal by law enforcement to stop” is only related to behind the wheel, right? Guess that’s why he wasn’t picked up at home.

Holy shitballs.! I didnt even look up the full statute, we all figured he just ran out the back door. HE WAS IN A CAR? Did he steal one of his parents, or finally buy one?


Actually digging into thisd and either the court or the cop messed up when entering the charges.

As entered currently:

This lists it as 46.2, which is entirely about motor vehicles. 46.2-817 A states that this crime is a "Class 2 Misdemeanor.

§ 46.2-817. Disregarding signal by law-enforcement officer to stop; eluding police; penalties.

A. Any person who, having received a visible or audible signal from any law-enforcement officer to bring his motor vehicle to a stop, drives such motor vehicle in a willful and wanton disregard of such signal or who attempts to escape or elude such law-enforcement officer whether on foot, in the vehicle, or by any other means, is guilty of a Class 2 misdemeanor.

However

https://law.lis.virginia.gov/vacode/title29.1/chapter7/section29.1-739.1/

Titled exactly the same , but lists it as a Class 3 misdemeanor as charged.

29.1-739.1. Disregarding signal by law-enforcement officer to stop; attempts to elude; penalty.

A. Any person who, having received a visible or audible signal of a flashing light or siren from any conservation police officer or other law-enforcement officer to bring his motorboat or other vessel, or seaplane to a stop, fails to do so promptly shall be guilty of a Class 3 misdemeanor.

But as you can see 29.1 is all about running from the game warden. Was Austin caught while fishing?

 

[mindlessobserver]

the drug posession charge is a felony in Virginia., and is as charged.

Should have just reread the OP instead of being lazy. He's charged with a Class 5 Felony on the drugs, which is not good considering that could net him 10 years. Of course that is on the extreme end of things, which simple possession should not really apply. Kind of like how Nicky Cracketts is facing similar hard time for his mountain of cocaine, but in actuality may not get any jail time at all if he stops acting retarded.

However, combined with everything else that is going on, its harder to say. The Circuit Court has plenary power over the Domestic Relations and General District Court, and could order all the charges be combined into one hearing in the interest of judicial economy, if the Commonwealth asks. That will be the sign that our boy is fucked. If the Commonwealth doesn't want fuck him raw dog, they won't bother with getting everything heard at the Circuit level.

 

[break these cuffs]

However

https://law.lis.virginia.gov/vacode/title29.1/chapter7/section29.1-739.1/

Titled exactly the same , but lists it as a Class 3 misdemeanor as charged.

​

But as you can see 29.1 is all about running from the game warden. Was Austin caught while fishing?

Uh oh, I think our boy was finally caught pussy poaching.

 

[Billy Bong]

What would be amazing is if he somehow walks tomorrow, quadruple chucks it all on stream, gets locked up again and doubles down.
That's the BMJ way. Gotta risk it for the biscuit!

 

[mindlessobserver]

What would be amazing is if he somehow walks tomorrow, quadruple chucks it all on stream, gets locked up again and doubles down.
That's the BMJ way. Gotta risk it for the biscuit!

That would akin to winning Powerball, never mind betting green at Roulette (which has better odds). They aren't letting him out. He's going to stay in Jail until his hearing. Its also possible the Circuit Court will preempt everything, hold a Preliminary Hearing on all of this, and order a schedule. That has better odds of happening then him being released. Its in Gods Hands now. and by God I mean the Commonwealths Attorney of Louisa County,

And bro, look at this dooood

 

[break these cuffs]

That would akin to winning Powerball, never mind betting green at Roulette (which has better odds). They aren't letting him out. He's going to stay in Jail until his hearing. Its also possible the Circuit Court will preempt everything, hold a Preliminary Hearing on all of this, and order a schedule. That has better odds of happening then him being released. Its in Gods Hands now. and by God I mean the Commonwealths Attorney of Louisa County,

And bro, look at this dooood

View attachment 6572206

This dewd's piercing blue eyes make me feel some kinda way...

 

[lol cow supreme]

That would akin to winning Powerball, never mind betting green at Roulette (which has better odds). They aren't letting him out. He's going to stay in Jail until his hearing. Its also possible the Circuit Court will preempt everything, hold a Preliminary Hearing on all of this, and order a schedule. That has better odds of happening then him being released. Its in Gods Hands now. and by God I mean the Commonwealths Attorney of Louisa County,

And bro, look at this dooood

View attachment 6572206

This is the elected official...and he was present at Austin's last hearing but the actual prosecutor was an assistant DA. I'm sure they have a rotation around the office depending on the type of case etc.

She was a rather attractive 30's blonde woman. I bet thats going to make Austin feel some type of way.

 

[mindlessobserver]

This is the elected official...and he was present at Austin's last hearing but the actual prosecutor was an assistant DA. I'm sure they have a rotation around the office depending on the type of case etc.

She was a rather attractive 30's blonde woman. I bet thats going to make Austin feel some type of way.

His minions will do the footwork, but any sort of major decision like asking the Circuit Court to combine the entire docket will be up to him. At this point though I think the odds of that are pretty good. Austin is in Jail, he's broken probation and is facing multiple charges in front of multiple judges. This has become a "Complex" case, which includes a Felony charge that carries a maximum sentence of 10 years. Sure, all of the charges are individual events, but they all fit an overall pattern of behavior. And if they decide they want to send Austin to big boy Prison, the Circuit Court has to handle the case anyway as General District Court cannot hold trial for a Felony, it can only accept guilty pleas and only sentence for less then 1 year. Anything more then that requires the Circuit Court and a Jury Trial. Ditto for Juvenile and Domestic Relations.

Keep in Mind, General District Court also handles Traffic Offenses, so on the Day Austin was scheduled to appear there I bet the Judge was also handling DUI's and Speeding Offenses too.

 

[Billy Bong]

Boss will be going through the worst of his withdrawls before the judge tomorrow.
It will be very interesting to hear what has been discussed.
I'm sure he will comport himself well.

 

[Monopolywheel]

Boss will be going through the worst of his withdrawls before the judge tomorrow.
It will be very interesting to hear what has been discussed.
I'm sure he will comport himself well.

He will be fine
Judge is gonna grant him bail again and he'll be eating a Big Buford on the ride back home to gamba

 

[The Un-Clit]

I'm not a lawyer but my simpleton opinion is the resisting arrest is really going to bite him in the ass. Up until this point he was largely cooperative, went to PO meetings, went to rehab, even broke down and said he was ready when he was swatted with the arrest warrant out. A judge is going to look at his record and realize that while the crimes are the same, he might be a lot harder to control and keep track of outside of prison walls since he is starting to get enough balls to run away from the law. Lock up is now starting to be the easiest option for everyone, and that is not a good sign.

Cops throw a 'resisting arrest' charge on if you so much as say 'wait a minute, what?' And will chant 'stop resisting, stop resisting' no matter if you follow their every command to the dot, it's fucking redic. But judges know this and unless it's 'resisting with violence' backed up by video evidence I don't think it factors too hard in the average case.