<small>[ August 19, 2004, 01:08 PM: Message edited by: whiteknight1 ]</small>

too soon

<small>[ June 15, 2004, 03:55 PM: Message edited by: d_rose ]</small>

wk,

I know it is different being on the "outside" of your situation but I would have to plead NG. I would find it hard to accept that she lied about me and to me and I just accept that. Sealed or not I wouldn't want that on my record.

what happens if you plead no contest and another "email" from you appears. What then? Do you have to look over your shoulder for the probation period trusting she won't freak out and go coo-coo for cocoa puffs?


Did you do anything wrong?

I don't envy your position.

Have you been told the terms of probation? According to my H, in his anger management group, people on probation have to do things like report whenever they leave the state. They are relieved to be done with it.

do you think she'll take you to civil court for damages? i ask because if she does, and you've plead no contest, it can be used against you. do you think if you let it go that she will try to sue you for damages? because damages could go into the range you're paying the lawyer as well, so if you truly think she won't give up, it may be cheaper to go to court.

one question, if you CAN tear her apart, and prove that she based this on a lie, then can you sue her for attorney's fees once you win?

<small>[ June 15, 2004, 05:22 PM: Message edited by: kriste ]</small>

How do you know her tears are real? If she's a good enough actress she could have everyone fooled as to how she really feels. Wacko women have this nack. I wish I had done so many things differently as soon as I learned about OW. When you are on probation you have to report at least once a month and anything you do that is questionable to your PO may get you a jail stay anyway. There will be certain conditions of your probation depending on what the judge finds you guilty of. And it doesn't matter if the court records are sealed, your probation will not be. If it were me I would fight OW with everything I could. She needs to know you are wise to her games. What's to stop her from bringing up more stuff later on? If I had the resources I say go for it and win!

As I posted in your last thread, when I was facing false charges, I put my foot down and plead not guilty. I was aquitted.

My ex, in the early stages, put on quite the drama. Just like your OW. It was infuriating to watch.

My advice? Call her bluff. Plead not guilty then sue her for your costs.

Oh yeah. You mentioned you were one of those folks who could 'buy' problems away. I got a few for sale... you interested?

dewt

<small>[ August 19, 2004, 01:09 PM: Message edited by: whiteknight1 ]</small>

My understanding is that no contest is the same as a guilty plea. I would not do it.

</font><blockquote><font size="1" face="Verdana, Arial">quote:</font><hr /><font size="2" face="Verdana, Arial"> My understanding is that no contest is the same as a guilty plea. I would not do it.
</font><hr /></blockquote><font size="2" face="Verdana, Arial">I know. Our legal system is terrible sometimes. Fight and if you win, it costs a fortune. If you lose, it also costs a fortune and your life is forfeit.

If you try to get away, and plea NO CONTEST, you pay court costs, and are followed by a shadow.

Can't anyone fix this system?

What's the secret?

Anyone ever see that film with Richard Gear where he is arrested in China and if he pleas GUILTY, he lives, and if he pleas NOT GUILTY, he gets shot in the back of the head within 7 days.

I think it's a true story. Rememind me never to go to China.

Don't go to China.

dewt

Hi WK-
what to say? I cannot
begin to give advice
to you. I'm not much
on legal stuff-all I
know is that it sounds
like a nightmare. Just
remember to keep your-
self healthy, mind & body.
As I read, I can see the
conflicting opinions.
Only you can decide what
to do-you & W. stay in
touch-keep sane. pal

<small>[ August 19, 2004, 01:11 PM: Message edited by: whiteknight1 ]</small>

First, let me qualify this by saying I am not an attorney licensed in your state, do not practice criminal law and this should not be construed as legal advice. Now that those disclaimers are out of the way...

5 years probation is a very long time. If you do one thing wrong, they can throw you in jail - does not have to be related to the original offense for which you were convicted - and, yes, that is what you will be - convicted. See below. If OW is as crazy as you say, she could very easily follow you about a bit and, then, set you up as stalking her, etc. Any number of ploys she could pull and then your happy little butt will spend the entire sentence for which you could have been convicted sitting in a jail cell. When you are placed on probation, if you violate that probation, you go to jail for the full term.

Now, what "no contest" means. Blacks Law Dictionary defines Nolo Contendere (no contest) as: Latin phrase meaning "I will not contest it"; a plea in a criminal case which has a similar legal effect as pleading guilty.. Type of plea which may be entered with leave of court to a criminal complaint of indictment by which the defendant does not admit or deny the charges, though a fine or sentence may be imposed pursuant to it.

In some states and for some causes of action, the principal difference between a plea of guilty and a plea of nolo contendere is that the latter may not be used against the defendant in a civil action based upon the same acts. In other states, a no contest plea is considered tantamout to a guilty plea. Also, even though your record will be expunged, that cannot take place until you have completed your probation.

Just some thoughts....

Regards,

Brit's Brat/BS-43
XH-45
DS-2-1/2
Status: Divorce final 5/17/05 - 2 years after D-Day #1 and over 20+ false recoveries.

<small>[ August 18, 2004, 05:40 PM: Message edited by: whiteknight1 ]</small>

<small>[ August 19, 2004, 01:01 PM: Message edited by: whiteknight1 ]</small>

wk,

Absolutely nothing wrong with standing up for yourself.

Hope things go well for you. I bet she'll back down.

If the prosecutor's office is sick of her, as you say, they are sitting there praying you take the deal so they can be rid of it. Since you are not, they may start backing off given OW's instability. Are you going to go with the new lawyer that knows the judge? I would if I were you.

Regards,

Brit's Brat

<img border="0" title="" alt="[Smile]" src="images/icons/smile.gif" />

<small>[ August 18, 2004, 05:31 PM: Message edited by: whiteknight1 ]</small>

I am so glad to hear you are fighting this. I wish I had the resources to fight OW. When is your first court date? I am behind you 110%. Good luck! <img border="0" title="" alt="[Wink]" src="images/icons/wink.gif" />