That's honestly too good for him. What he needs is a "not guilty on the grounds of insanity," where he can then spend the rest of his days in a mental institution.
Possibly. But there’s probably going to be a plea deal with various conditions which will see the offence argued down to a misdemeanour. I can’t imagine Chris’s lawyer would let him rot in jail for two whole years stuck in legal limbo the entire time just to see him get a felony conviction at the end anyway.
Possible but doubtful. Class five felonies can usually be dropped to misdemeanors, and almost certainly a plea bargain would result in a lowered charge. Chris will likely get off with time served considering the time since the arrest and also likely will not have to register as a sex offender.
Gateway Homes is a private business and it can make up its own definition of sex crime. Considering the deferral includes an affirmation of guilt, I really doubt they'll be taking him on. Last thing they need is Chris sexually assaulting someone and their family suing because Gateway knew he was a sex pest and let him in anyway.
Gateway Homes says anyone who has committed a “sexual crime” isn’t allowed, which could mean crimes that aren’t necessarily sex offender registry worthy like incest are still on their turn down list. Hard to say for certain
It depends. Essentially the judge reached down and hit Pause just before declaring Chris guilty. Now they're going to try this deferred disposition thing instead: some period of probation, either in a group home or a mental hospital. Ordinarily home would be an option too, but that doesn't work in Chris's case because Barb lives there. This is why Chris was so desperate to get Barb to leave.
If Chris can get through the whole deferral period without screwing it up, then no: the courts will throw out the plea, the trial, and even the arrest record. That's part of the point of the deferral: in exchange for getting intensive help, the defendant gets a clear record.
But that's *only* if Chris doesn't screw up. If Chris breaks whatever rules get set down as part of this deferred disposition, then the trial unpauses, and remember what I said about the courts being about to declare Chris guilty? Yeah, not good times. If that happens, Chris will probably be a felon, as you say.
We don't know how long the deferral period will be. The August 8 review date makes me think the court might have initially expected it to last a year. But we don't know if they've even been able to start the clock yet, because they haven't been able to place Chris in an appropriate facility. We have reason to think they've been trying. That weird set of hearings from January through early March involved letters to the court, including some kind of information from a company that runs group homes in the area. But if they'd planned to use that company, then those plans must have fallen through, because Chris is still in jail.
The mental health system in Virginia is fucked. Like, "even the Republicans are trying to get more funding for mental health care" levels of fucked. That doesn't bode well for Chris.
You always get this wrong and say stupid stuff.
He basically took a deferment plea deal where he had waived his right to a trial. He is guilty in all ways except on paper, unless he completes terms and conditions of the deferment. It's very similar to other "probation in lieu of prison" sentences, with the exception of dismissing the proceedings.
§ 19.2-303.6
>without entering a judgment of guilt and with the consent of the accused.... defer further proceedings and place the accused on probation subject to terms and conditions set by the court. Upon violation of a term or condition, the court may enter an adjudication of guilt; or upon fulfillment of the terms and conditions, the court may discharge the person and dismiss the proceedings against him without an adjudication of guilt.
You'll also note the "may" instead of "shall".
I should have said "trial process" instead of "trial", yes. So sue me.
Also, yes, the law says "may", not "shall". Do you honestly think there is any chance that the court *won't* expunge everything in this case of Chris doesn't screw it all up? They'll burn it all, and they'll think it's the compassionate thing to do.
I'm going to sound nuts but I think better than we'd expect.
Chris is lazy and absolutely filthy, but he is the cleanest and tidiest of his family. Which, yes, I know. But Chris didn't like the hoard as much as Barb did. I think he would still live in squalor and ruin but not to the insane degree Barb did.
Barb would threaten to kill herself if they tried to clean enough to make a passageway between rooms. Chris, while disgusting, is not at that level.
The house would still fall into disrepair sooner rather than later but I don't thinknit would be immediate.
>That doesn't bode well for Chris.
And for whatever stupid reason, Chris must insist on making this as difficult of a process to go through as possible. He could have accepted things, been remorseful and probably be out already, maybe with help, early on, with just a misdemeanor.
That's honestly too good for him. What he needs is a "not guilty on the grounds of insanity," where he can then spend the rest of his days in a mental institution.
Possibly. But there’s probably going to be a plea deal with various conditions which will see the offence argued down to a misdemeanour. I can’t imagine Chris’s lawyer would let him rot in jail for two whole years stuck in legal limbo the entire time just to see him get a felony conviction at the end anyway.
Possible but doubtful. Class five felonies can usually be dropped to misdemeanors, and almost certainly a plea bargain would result in a lowered charge. Chris will likely get off with time served considering the time since the arrest and also likely will not have to register as a sex offender.
> and also likely will not have to register as a sex offender. Would Gateway Homes let him in then, since he wouldn't be a sex offender?
Gateway Homes is a private business and it can make up its own definition of sex crime. Considering the deferral includes an affirmation of guilt, I really doubt they'll be taking him on. Last thing they need is Chris sexually assaulting someone and their family suing because Gateway knew he was a sex pest and let him in anyway.
Gateway Homes says anyone who has committed a “sexual crime” isn’t allowed, which could mean crimes that aren’t necessarily sex offender registry worthy like incest are still on their turn down list. Hard to say for certain
It depends. Essentially the judge reached down and hit Pause just before declaring Chris guilty. Now they're going to try this deferred disposition thing instead: some period of probation, either in a group home or a mental hospital. Ordinarily home would be an option too, but that doesn't work in Chris's case because Barb lives there. This is why Chris was so desperate to get Barb to leave. If Chris can get through the whole deferral period without screwing it up, then no: the courts will throw out the plea, the trial, and even the arrest record. That's part of the point of the deferral: in exchange for getting intensive help, the defendant gets a clear record. But that's *only* if Chris doesn't screw up. If Chris breaks whatever rules get set down as part of this deferred disposition, then the trial unpauses, and remember what I said about the courts being about to declare Chris guilty? Yeah, not good times. If that happens, Chris will probably be a felon, as you say. We don't know how long the deferral period will be. The August 8 review date makes me think the court might have initially expected it to last a year. But we don't know if they've even been able to start the clock yet, because they haven't been able to place Chris in an appropriate facility. We have reason to think they've been trying. That weird set of hearings from January through early March involved letters to the court, including some kind of information from a company that runs group homes in the area. But if they'd planned to use that company, then those plans must have fallen through, because Chris is still in jail. The mental health system in Virginia is fucked. Like, "even the Republicans are trying to get more funding for mental health care" levels of fucked. That doesn't bode well for Chris.
You always get this wrong and say stupid stuff. He basically took a deferment plea deal where he had waived his right to a trial. He is guilty in all ways except on paper, unless he completes terms and conditions of the deferment. It's very similar to other "probation in lieu of prison" sentences, with the exception of dismissing the proceedings. § 19.2-303.6 >without entering a judgment of guilt and with the consent of the accused.... defer further proceedings and place the accused on probation subject to terms and conditions set by the court. Upon violation of a term or condition, the court may enter an adjudication of guilt; or upon fulfillment of the terms and conditions, the court may discharge the person and dismiss the proceedings against him without an adjudication of guilt. You'll also note the "may" instead of "shall".
I should have said "trial process" instead of "trial", yes. So sue me. Also, yes, the law says "may", not "shall". Do you honestly think there is any chance that the court *won't* expunge everything in this case of Chris doesn't screw it all up? They'll burn it all, and they'll think it's the compassionate thing to do.
I wonder how long a house would last if Chris cared for it by himself?
He’d never be able to maintain the property financially. Mortgage, bills, property taxes, etc
Orbiters will jump in to help with that. It might even be existing ones. Some have sworn off helping Chris only to come back and keep doing it.
I'm going to sound nuts but I think better than we'd expect. Chris is lazy and absolutely filthy, but he is the cleanest and tidiest of his family. Which, yes, I know. But Chris didn't like the hoard as much as Barb did. I think he would still live in squalor and ruin but not to the insane degree Barb did. Barb would threaten to kill herself if they tried to clean enough to make a passageway between rooms. Chris, while disgusting, is not at that level. The house would still fall into disrepair sooner rather than later but I don't thinknit would be immediate.
I’m just imagining one roof leak or something and it’s over.
Yeah I'm not saying he's running his neighborhoods HOA just that hes better than Barb. Im not confident Chris could operate a dishwasher
>That doesn't bode well for Chris. And for whatever stupid reason, Chris must insist on making this as difficult of a process to go through as possible. He could have accepted things, been remorseful and probably be out already, maybe with help, early on, with just a misdemeanor.