Previously Tiger Tanaka
Hey Alex, sorry if this has already been answered, but how long could he be in jail pending trial/investigation? Is there a minimum time before they bring proceedings forward?
They passed the law, I'm just not sure when it goes into effect. Or how it applies to crimes committed before it goes into effect i.e. If it goes into effect on Oct. 1 and Chris goes to trial on Oct. 2, does it apply?So, while looking up how Virginia treats insanity, I found an interesting update on Virginia's mental illness laws:
Virginia law bars evidence of mental illness unless an accused pleads Not Guilty by Reason of Insanity. That’s wrong, and here’s why. — Justice Forward VirginiaIn Virginia there is a rule that prohibits introducing evidence of mental illness in criminal cases unless the Accused pleads Not Guilty by Reason of Insanity (“NGRI”). As a result, the jury is not made aware of mitigating evidence that would allow for a fair trial and appropriate resolution. Currejusticeforwardva.com
So at least as of earlier this year, the rule was if you didn't plead Not Guilty By Reason Of Insanity you couldn't introduce any evidence of mental illness whatsoever.
If this is till true, and it appears to be, it's an all or nothing deal. Assuming it goes to trial, which it probably won't.
So, what are the odds that the presiding judge will get fed up by Chris being disruptive in the courtroom and sends him directly to the psych ward?
Totally depends on what they are charging him with and how much they can prove. And if Barb is cooperating with them or not.All this speculation is based on the idea he has a competent attorney like our own Mr. Hamilton. He'll have a public defender with hundreds of other incest cases (this is in virginia). Is there any idea what kind of plea deal he will work out, since that's the most likely outcome?
Oh, I mean ask the state to (civilly) start evaluating Chris's need for guardianship and hold off on the criminal charges until it's been resolved. I assume a state appointed guardian would look at the criminal case and actually do what was in Chris's best interest.So, a prosecutor can raise competency in a criminal case. I've done it.
But in that case, you're talking about competency to stand trial and assist in their own defense. And all that means is pausing the proceedings and shipping them off for competency restoration and then when they're back in reality continuing.
What you're asking about in terms of a guardianship is a civil law deal that would be handled in civil court. I'm not sure how it would be handled in Va. but it's important to realize that legally insane to the point of negating guilt and clinically insane are very different standards.
Plenty of people are screamingly insane but perfectly legally sane.
I would expect that any would-be Christorians-at-Law who actually passed the bar exam and character and fitness boards would, before they rush off to try and pro hac their way in, remember that attorney/client confidentiality exists, and that even though they'd have the personal knowledge of their interactions with Chris, they would be barred from ever telling anyone about it (unless they wanted to get disbarred), which would be its own little hell.Is there a chance one of Chris's lawyer fans from this forum would do some pro bono work for him?
Doesn’t look like that arraignment will be today. Greene County Circuit Court doesn’t have any case against Chris on the docket yet, from what I can tellTotally depends on what they are charging him with and how much they can prove. And if Barb is cooperating with them or not.
I don’t know the statutes in Virginia and I don’t practice criminal law, but my guess would be that his best bet is to plead down to a felony sexual assault or sexual battery charge. Then, the idea would be he would get a sentence, probably suspended in some part (limiting how much time he'd be in prison), along with a requirement to register as a sex offender (and I don’t know VA law to know what level he'd likely have to register as), complete court-ordered classes on not raping people, and maybe a small fine. Oh, and there may or may not be a protective order preventing him from contacting the victim for a certain period of time.
That seems the most likely result to me — felony conviction with little to no jail time, sex offender registration, and an order to stay away from the victim (which might include moving out of his house, depending on whether she comes back or not ).
But it all comes down to what Barb says and what Chris has said or will say. If Chris doesn’t talk to the cops and Barb is unhelpful or unwilling to talk to them, barring significant physical evidence, the state might not have much to go on. Just a bunch of hearsay by way of creepy texts. In that case, I could see them offering a plea to a misdemeanor, if not dropping the case entirely. I think them dropping it entirely is very unlikely, given how quickly they moved to make an arrest, but if Barb didn’t talk and Chris didn’t talk, maybe it would be settled for some misdemeanor elder neglect charge.
As you say, the PD has a thousand other cases to deal with — it is in their interest to settle. But the same is also true of the prosecutor's office. I can't see some ADA really relishing taking this case on either. Quash it and go to the next one. Time is money.
We'll have a better idea once he has his arraignment.
They have nothing listed for anyone when you search by day despite being days when court is in session which tells me they might not be updating their website.
They've moved to this system
Doesn't the constitution say "Assistance of Counsel"?
Considering the requirement for the defense to be zealous advocates of the defendant i dont think being a kiwi could be grounds for dismissalI hope after what happened to Null anyone else would be smart enough not to touch the poo. And if they did they would not tell us they were fans.
I've gotten the impression over the years that Barb is leaning heavily on Chris's tugboat,