need your thoughts ASAP!

[rtwins]

Soc,

 In my last post I told you we were waiting for the public defender to let us know about my husbands jailtime and if it could be dropped if he came up with the lump sum amount requested by the prosecutor. The amount they are asking for is $5000.

Our lawyer has not called us since and jail time is in two days. My husband tried to contact the prosecutor office and she is on vacation until the 26th. There is someone taking her place but the recording said not to expect a callback until next week.

My husband then called the courthouse. They have nothing filed stating that he is to go to jail. The prosecutor never filed anything.  They only have a note from the magistrate stating that jail time was given. They did suggest that our attorney file an objection or appeal which he has not.

We called the lawyers office again and this time the sec told us that the prosecutor signed some papers before she left and they are on the lawyers desk, he hadn't looked at them yet.

Finally, the lawyer calls us and says that the prosecutor now wants $6000. All we can come up with is the five that was originally told to us.
This money is coming from a relative.

Since the last hearing, when my husband was sentenced, we have not received anything from the court regarding that hearing, as we normally do.

In court that day, CSA and the prosecutor both stated that my husband had agreed to a lump sum payment.

1. If there was an original agreement for 5000 as they claim, how can they ask for more?

2. Shouldn't we have received documentation from the court or CS regarding this agreement

3. Why is it that no one at the courthouse knows anything about the jailtime when it is only a couple days away.

4. If the prosecutor is out of town, who would be making the final decision on this?

If my husband is to do time, he has not been given a probation officer and hasn't been able to discuss with anyone his work schedule. He doesn't even know where or what time he is to report.

Is this how all of this normally goes down? What's up?

[socrateaser]

>1. If there was an original agreement for 5000 as they claim,
>how can they ask for more?

there is no agreement until the judge accepts it.

>
>2. Shouldn't we have received documentation from the court or
>CS regarding this agreement

Probably. Ask your attorney.

>
>3. Why is it that no one at the courthouse knows anything
>about the jailtime when it is only a couple days away.

i dunno.

>
>4. If the prosecutor is out of town, who would be making the
>final decision on this?

ask your lawyer.

>
>If my husband is to do time, he has not been given a probation
>officer and hasn't been able to discuss with anyone his work
>schedule. He doesn't even know where or what time he is to
>report.

not a question.

>
>Is this how all of this normally goes down? What's up?

It's called a sqeeze play. The DA knows that you don't want to do time, so he/she's gonna squeeze every drop from you. Personally, I'd be sitting in my attorney's office with a pickett sign until I had some answers.

[rtwins]

My husband just talked again to the lawyer.

He now is saying that the money is only to give my husband a 30 day continuance, and that he should make his payment at the CS office and then they will decide if he should go to jail.

The lawyer said he is going to discuss this with the "proper people" and that we should sit by the phone and wait for his call.

He also said if we didn't like the job he was doing, to get some one else.
 
The story keeps changing every time we talk to him.

$5000 is all that we have to give them. If they don't accept that and no jail time, then my husband is prepared to serve his time.

1. Even though we have the public defender, can we file an appeal or objection on our own?

[socrateaser]

>1. Even though we have the public defender, can we file an
>appeal or objection on our own?

Yes.

[rtwins]

Soc,

 In my last post I told you we were waiting for the public defender to let us know about my husbands jailtime and if it could be dropped if he came up with the lump sum amount requested by the prosecutor. The amount they are asking for is $5000.

Our lawyer has not called us since and jail time is in two days. My husband tried to contact the prosecutor office and she is on vacation until the 26th. There is someone taking her place but the recording said not to expect a callback until next week.

My husband then called the courthouse. They have nothing filed stating that he is to go to jail. The prosecutor never filed anything.  They only have a note from the magistrate stating that jail time was given. They did suggest that our attorney file an objection or appeal which he has not.

We called the lawyers office again and this time the sec told us that the prosecutor signed some papers before she left and they are on the lawyers desk, he hadn't looked at them yet.

Finally, the lawyer calls us and says that the prosecutor now wants $6000. All we can come up with is the five that was originally told to us.
This money is coming from a relative.

Since the last hearing, when my husband was sentenced, we have not received anything from the court regarding that hearing, as we normally do.

In court that day, CSA and the prosecutor both stated that my husband had agreed to a lump sum payment.

1. If there was an original agreement for 5000 as they claim, how can they ask for more?

2. Shouldn't we have received documentation from the court or CS regarding this agreement

3. Why is it that no one at the courthouse knows anything about the jailtime when it is only a couple days away.

4. If the prosecutor is out of town, who would be making the final decision on this?

If my husband is to do time, he has not been given a probation officer and hasn't been able to discuss with anyone his work schedule. He doesn't even know where or what time he is to report.

Is this how all of this normally goes down? What's up?

[socrateaser]

>1. If there was an original agreement for 5000 as they claim,
>how can they ask for more?

there is no agreement until the judge accepts it.

>
>2. Shouldn't we have received documentation from the court or
>CS regarding this agreement

Probably. Ask your attorney.

>
>3. Why is it that no one at the courthouse knows anything
>about the jailtime when it is only a couple days away.

i dunno.

>
>4. If the prosecutor is out of town, who would be making the
>final decision on this?

ask your lawyer.

>
>If my husband is to do time, he has not been given a probation
>officer and hasn't been able to discuss with anyone his work
>schedule. He doesn't even know where or what time he is to
>report.

not a question.

>
>Is this how all of this normally goes down? What's up?

It's called a sqeeze play. The DA knows that you don't want to do time, so he/she's gonna squeeze every drop from you. Personally, I'd be sitting in my attorney's office with a pickett sign until I had some answers.

[rtwins]

My husband just talked again to the lawyer.

He now is saying that the money is only to give my husband a 30 day continuance, and that he should make his payment at the CS office and then they will decide if he should go to jail.

The lawyer said he is going to discuss this with the "proper people" and that we should sit by the phone and wait for his call.

He also said if we didn't like the job he was doing, to get some one else.
 
The story keeps changing every time we talk to him.

$5000 is all that we have to give them. If they don't accept that and no jail time, then my husband is prepared to serve his time.

1. Even though we have the public defender, can we file an appeal or objection on our own?

[socrateaser]

>1. Even though we have the public defender, can we file an
>appeal or objection on our own?

Yes.