Question:
When will a trial take place?
2014-01-26 07:33:10 UTC
So the guy that rap*d me is in jail held at a detention facility since 1/14/14. It has been 3 months ever since the incident happened and perhaps the DNA results for traces of his was positive which is the reason why they arrested him because they had evidence. His mugshot is visible via the arrest search. As I was looking through the information, he was charged 14 times of the same thing. And it said he had a pending trial so what does that mean? In this case would I have to go? Because I would absolutely LOVE to testify against this sick bastard. His bond amount is set at $10,000 so times that by 14 and that's a total of $140,000 right there. It doesn't say amount of time he's sentenced so I'm assuming they're holding him there for a possible trial. The description of it also said, "sex aslt by cstdn sex batt vict over 12 und 18 yoa" in abbreviation. I'm 15 by the way and live in Miami, Fl. But I want this sick bastard to serve the minimum of 20 years or at maximum, a life sentence. No lower than that. He has no remorse for what he did. He's done this several times to me and even in front of a guest (9 years old). He took something I'd never be able to get back. My childhood...My..Innocence. He didn't care, oh no oh no. He didn't even cared if he hurtled my sister cheating on her behind her back. It was kind of hard but a very brave thing for me to be able to talk to my other sister about what happened. She immediately came to my rescue and helped me and I'm living with her currently.

But if I do end up going there and testifying, what are some things I should say or expected to say? What will the judge or juror or those people ask me? This is my first time going to court and I know what is shown on TV shows is nothing compared to reality. Maybe I can say something along the lines of:

"Your honor, I'm here to testify against _____ _____, for sexually assaulting me on _____,__,2013 ..........This man should serve at least the minimum of 20 years and the maximum of a life sentence because of so and so"....

Any ideas on what I should also say? And what I shouldn't? What would be the proper way to talk if presented up in front of others? Could I tell the judge how long he should serve or is it their decision? What could I say with my words to make the judge convinced that this man shouldn't be shown any sympathy and he deserves to be locked up for a long time? Also any ideas on how the things will be set in place? Like his lawyer/ defense and mines and the evidence etc.

Thanks!
Sixteen answers:
El Jefe
2014-01-26 10:36:37 UTC
If I understand "sex aslt by cstdn sex batt vict over 12 und 18 yoa", that means the person had some sort of custodial relationship, such as a police officer, jailer, probation officer, etc., and took advantage of the power of that position to coerce you into having sex. If I understand that correctly, then this is a first degree felony in the state of Florida, with a maximum penalty of 30 years in prison.



In Florida, for sentencing purposes, felonies are divided into 10 levels of severity. A 794.011 (4), which is what I think this is, is a level 9 out of 10. About the only way to make it any worse would have been if he had forced you to have sex at gunpoint. When they calculate his sentence, that racks up 92 points...times 14, or 1288 points. To say that is a lot is an understatement.



To find the recommended sentence, subtract 28 points from the total (1288 - 28 = 1260), and decrease the remainder by 25% (25% of 1260 is 322, 1260 - 322 = 938). That number, 938, is the recommended sentence in months. 938 months is over 78 years.



It is possible to order the sentences to be served consecutively, for example, 14 sentences of 5 years and 7 months, back to back to back to back. Or, if the total points exceed 363, it is possible to just be done with the thing and sentence the offender to life, even though the maximum penalty for one charge is 30 years.



If you're starting to understand that this guy won't be getting out anytime soon, you're getting the picture.



Now, what will probably happen is that they will hang the possibility of a life sentence over this guy's head, and offer to dismiss all but 3 or 4 of the counts if he will plead guilty to what is left, and accept a sentence of 20 years or so for those counts. There is some interplay between you, the prosecutor, the defendant's attorney, and the defendant. If the prosecutor thinks the case is weak, or is afraid that you won't testify or that you will be a poor witness, he may offer a better deal to the defendant. If the defendant is very stubborn and thinks he can win at a trial, he may hold out for a better deal than the one the prosecutor is offering. So, you see, you hold some of the cards in your hand. If you are adamant about testifying against him in order to put him away, that strengthens the prosecutor's hand.



If there is a trial and you testify, you will simply be asked questions about what happened, both by the prosecutor and by the defense attorney. They will be simple questions that you already know the answers to, like, "Is [his name] here in court today?" "Can you point to him?" "When did you first meet him?" "On April 14, 2013, did you come home from a softball game at about 7 pm?" "Was the defendant inside your home when you got there?" etc. The prosecutor will try to show that he did everything he was accused of, and the defense attorney will try to show that you really don't remember what happened very well, or that your version of the story is a little outlandish ("So, you mean to tell the Court that your 9 year old friend was watching, and that he [what he did] in full view of this 9 year old?" "Would it be more likely for him to get caught if he did it in front of witnesses than if there were no witnesses?", etc.) Essentially, you'll just be telling the same story that you already told to police, and you'll be coached on what to say and what traps the defense attorney might set for you.



Usually, if he is convicted, you can make a statement about how his crime has harmed you when he is sentenced. You don't decide the sentence, the court does. And the court can decide on whether to take your victim statement into account, and how much weight to give it.



But from what you've written here, I would guess that the most likely outcome will be that he pleads guilty and accepts a deal to send him to prison for a long time, in order to avoid being found guilty at a trial and being sent to prison for an even longer time.
Jay
2014-01-26 08:25:04 UTC
Three months isn't long - you might be wondering what the wait is for - evidence needs to be gathered and sorted, courts need to be booked, the dna evidence needs to be checked etc and of course there are hundreds of other crimes that are going through the same process. Plus the defence team will be preparing their evidence and witnesses. Cases like this generally take a bit longer to get to court because of the complexities involved and they might take up two-three weeks of court time so they tend to be fitted in around other cases.



By now you will have given a statement to the police. In court and on oath you will be closely cross-examined on that statement. The defence team may try and pick holes in it an highlight inconsistencies or they may imply or suggest that you encouraged him in some way, so it is important in court that you stick very closely to your statement and do not get rattled by the defence team into losing your temper. The judge and jury will be trying to keep an open mind into what went on and will want facts. Rape is defined as unvoluntary sexual conduct and that is what the prosecution team will be trying to project. So you need to make it absolutely clear that his sexual advances were not encouraged by you and were unwanted.



The proper way to talk is clearly and although it is hard as unemotionally as possible.



If/when he is found guilty both the prosecution team and the defence team are allowed to deliver short speeches detailing why the now guilty person should get a lengthy sentence or should get a light sentence. The exact length though will be left to the judge to determine and while you may want the maximum sentence (and on what you say he will get it barring a year or two) it is his choice. He will compare the sentence given to others with similar offences and hand down a similar sentence. This is to be consistent. Ask the prosecution lawyer what he will say and point out to him the psychological trauma and loss of innocence that you have suffered and he will factor that in.



I hope it goes well.
mad dawg
2014-01-26 07:48:29 UTC
The trial could be held up for quite some time. They will contact you and ask if you want to testify. I was mugged once and my attacker spent 3 months in jail before I was called. Have patience and you will have your time in court.
?
2016-07-07 23:40:42 UTC
Take every possibility to move around, even in smaller ways. Studies show fidgety people are typically skinnier.
?
2016-01-29 04:08:49 UTC
Take every possibility to move around, even in little ways. Studies show fidgety people usually are skinnier.
?
2016-02-25 07:18:54 UTC
Use a vegetable bean dip for instance hummus instead of ranch dressing or a fatty cream-based dip.
?
2016-04-27 02:31:05 UTC
Identify the emotional triggers that cause you to seek unhealthy comfort food. Picture your goal weight next time a trigger strikes to assist you to resist temptation.
Alba
2016-02-21 02:57:51 UTC
Add red pepper flakes to your pantry. When eaten early in the day, red pepper lowers the volume of food you'll eat later.
?
2017-03-07 10:13:35 UTC
Hover just above your chair in the squat position for 15 a few moments every hour.
2017-02-16 04:36:27 UTC
Go out dancing or take dancing instructions.
Ontiveros
2017-03-11 05:10:53 UTC
Pass on put. You'll be amazed by just how much weight you drop by basically switching to water.
2016-02-21 15:54:52 UTC
Maintain dinner healthy
Shirly
2016-02-25 01:05:22 UTC
Wash your car as an alternative to taking it through the auto wash.
?
2016-07-15 00:15:37 UTC
Wash your car as opposed to taking it through the vehicle wash.
2016-12-26 04:19:51 UTC
Walk about the block once mid-morning and the moment midafternoon.
?
2016-05-03 09:54:15 UTC
When you need to be able to brainstorm, do it while walking.


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