WFTV Exclusive: Plea deal next Monday on Check Fraud Charges

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  • #21
  • #22
I thought it meant to settle the case.

ok, you are right, and I went back and reread the paragraph. It was stating that if the judge withheld adjudication, or not, it would help the defense decide on whether or not to put KC on the stand. They won't put her on, more than likely, if she has a conviction, because the prosecution could ask about it, and it would affect her credibility in the jury's eyes.
 
  • #23
And Mom and Dad Anthony will say "it never happened."

I wonder how they will spin this, when she admits to guilt. I am sure they will say that she was forced to steal that money to live, she couldn't come home or Caylee's kidnappers would have killed them all, that KC is falling on the sword for the sake of the family.

moo
 
  • #24
And Mom and Dad Anthony will say "it never happened."

Or they'll just blame AH for leaving her checkbook in the car that KC was borrowing.
 
  • #25
Also in the article thatwas linked above................

Casey Anthony’s death penalty attorney, who is an expert on death penalty cases, admitted on national television that she doubts a jury will clear Casey of her daughter's murder. Anthony's defense attorney went on a morning show again Thursday morning, talking about how the amount of publicity will prevent Casey from getting a fair trial.“I'm scared for my client. I'm afraid that the fact that she's been pilloried in the press.

If AL is so concerned about her client's life, wouldn't it be better for the defense to ask for a plea in the murder case, pleading guilty in exchange for taking the death penalty off the table, and accepting LWOP?

I know that in the beginning the state offered a plea deal, but that plea had a time limit and JB let that time limit expire without seriously addressing it.
 
  • #26
http://www.wftv.com/news/22275948/detail.html

EXCLUSIVE: Casey To Be Offered Plea Deal In Fraud Case
Posted: 4:47 pm EST January 19, 2010
Updated: 5:03 pm EST January 19, 2010

ORLANDO, Fla. -- Until now, Casey Anthony has never admitted to a shred of guilt, but Eyewitness News has learned there will be a plea deal in her check fraud case.

Hellooooo - AZLawyer - answer the phone please? Can you explain to us all what the ramifications of "withhold adjudication" means?
 
  • #27
Well, it's not like we didn't expect something like this.

LOL! Talk about waiting until the last minute. I sure hope we get to see her take the plea on Monday...I want to see her face...I'm sure there will be lots of rage there. :furious:

Oh I dunno. In her mind it's probably twisted to the point where she was doing what she had to do 'for caylee' and was totally justified. I hope there is an allocution!
 
  • #28
I know I read somewhere that defense can ask for a continuance 3 times before the judge brings the hammer down. I do not have a link so maybe someone else will remember this also. This is the first time for the fraud trial. They already requested the murder trial to be moved up to accommodate AL. The judge led us to believe he wants the fraud trial over and done with so they can focus on the murder trial. I believe he expressed that opinion in not so many words but I think he is sincere about just wanting it behind them. So it will be interesting to see what happens on Monday because I bet the judge in no longer "sitting on that rainbow".

LambChop, both the defense and the judge mention that the defense has used up two of their continuances over the objection of the state. In the first document it is on page 17 under the section entitled :Argument

On page one of the Judge's order he explains that technically the defense would be entitled to one more continuance (having used two out of their three, over the objection of the prosecution).

So, while I am not an attorney, I do think you remember correctly, LambChop, reading these documents it seems
the law provides for the defense to have three continuances over the objection of the prosecution. If so, that is good news that there is indeed a finite amount of times they can delay, delay, delay. Here is what I found:
View attachment AnthonyMotion-8-10-1 Argument.pdf

View attachment ruling on chrck fraud trial date.pdf
 
  • #29
Thank you Muzikman! I have been gone for awhile (thank you H1N1) and it's good to see the same old faces (ha ha) like you still keeping on top of this story for us! I miss you WS'rs I feel so much better hearing posts from what feels like old friends now. R0004 and OLG, Chiquita, etc., your posts have made me laugh and cry since returning -

Looks like KC's going to be suffering from a case of the mondays........
 
  • #30
Also in the article thatwas linked above................

Casey Anthony’s death penalty attorney, who is an expert on death penalty cases, admitted on national television that she doubts a jury will clear Casey of her daughter's murder. Anthony's defense attorney went on a morning show again Thursday morning, talking about how the amount of publicity will prevent Casey from getting a fair trial.“I'm scared for my client. I'm afraid that the fact that she's been pilloried in the press.

If AL is so concerned about her client's life, wouldn't it be better for the defense to ask for a plea in the murder case, pleading guilty in exchange for taking the death penalty off the table, and accepting LWOP?

I know that in the beginning the state offered a plea deal, but that plea had a time limit and JB let that time limit expire without seriously addressing it.

Yes, but if that happens, will Andrea get the credit to add another notch on her belt or does she only get to count the guilty sentences with probable DP that she mitigates to LWOP?
 
  • #31
I wonder how they will spin this, when she admits to guilt. I am sure they will say that she was forced to steal that money to live, she couldn't come home or Caylee's kidnappers would have killed them all, that KC is falling on the sword for the sake of the family.

moo

OMG, you've got it ALLLLLL wrong. :blowkiss:
She stole all that money to pay back "Orlando's Finest" for the duffel bag of cocaine and money she stole from him.... as she was pulling her clothes back on... while screaming and running from the hotel room.... after fighting his agressive advances... after getting "hi" on all his drugs...
She had to protect her family from "Orlando's Finest" and his parter in cime, Krunk! They're the ones who are responsible for EVERYTHING, you know!
 
  • #32
Yes, but if that happens, will Andrea get the credit to add another notch on her belt or does she only get to count the guilty sentences with probable DP that she mitigates to LWOP?

If I am not mistaken, and I very well could be, Lyons is counting the plea deals as well in her number of cases won against the death penalty. Heck, she also counts wrongful convictions of innocent people as long as HER client gets off.
 
  • #33
I think it's time to break out the BIG courtroom on the 19th floor. :)

I have visions of rock concert ticket lines......hungry, devoted, and groupie like fans camping out in advance in hopes that ST. Nicholas soon would be there....oops wrong reference....in hopes that they will gain entry to what is likely to be a gallery deemed "Standing room only". Camping supplies fund for :rocker: Muzikman :rocker: should be replenished. Wait.......didn't KC write a check and attempt to cash it at Amscot for "camping" supplies? ...Oh........the joy of Karma. How fitting.
 
  • #34
For me the major question will be how is she going to plea...if they do plea. Is it going to be a plea of Guilty...or a plea of no contest? The reason I ask is to my knowledge a plea of no contest is not an admission of guilt. There is a difference between the two and I wonder if that slight difference will make a difference in it being used for the murder trial, sentencing, or any civil cases that may come against Casey.
 
  • #35
Thank you Muzikman! I have been gone for awhile (thank you H1N1) and it's good to see the same old faces (ha ha) like you still keeping on top of this story for us! I miss you WS'rs I feel so much better hearing posts from what feels like old friends now. R0004 and OLG, Chiquita, etc., your posts have made me laugh and cry since returning -

Looks like KC's going to be suffering from a case of the mondays........

Welcome back, and I hope you're feeling fine! :)

Yes, Casey will break from the usual Friday hearing days and have a Blue Monday. heh
 
  • #36
I did some searching and found the following:

Withheld adjudication generally refers to a decision by a judge to put a person on probation without an adjudication of guilt. It means a person is not found guilty legally by the court. If the person successfully completes the terms of probation and has no subsequent offenses, no further action with be taken on the case and the offense for which adjudication was withheld is typically not considered a prior conviction for purposes of habitual offender sentencing. If the person does not complete the terms of probation, a finding of guilty may be entered and the person may be sentenced according to the punishments defined for the offense.


http://definitions.uslegal.com/w/withheld-adjudication/
 
  • #37
Muzikman for President!!

You are my hero! You get us the news hot off the press. Thanks buddy!
 
  • #38
Ummmm...why waste the time putting that 25 page COV motion together? Was that just an editorial for the defense?
 
  • #39
Kathi is talking about this again on the 6 PM newscast.

Bill Shaeffer has a good piece, I hope they put that up for ya'll to see.
 
  • #40
I did some searching and found the following:

Withheld adjudication generally refers to a decision by a judge to put a person on probation without an adjudication of guilt. It means a person is not found guilty legally by the court. If the person successfully completes the terms of probation and has no subsequent offenses, no further action with be taken on the case and the offense for which adjudication was withheld is typically not considered a prior conviction for purposes of habitual offender sentencing. If the person does not complete the terms of probation, a finding of guilty may be entered and the person may be sentenced according to the punishments defined for the offense.


http://definitions.uslegal.com/w/withheld-adjudication/

Thank you so much for taking the time to research this.
:waitasec: Does this mean that Casey will not have a conviction when the Murder Trial starts? If they can't use this against her then she will be looked upon as a first time offender? Am I understanding this right?
I pray the SA does not offer a plea for the Murder Charges...Caylee deserves justice. I am dissapointed in todays news if this is the case.:furious:
 
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