Thanks for the timely responses...

One last question... what the differing factor whether it goes in front of a jury or judge?
And which will my case go in front of?

The defendant can choose. Generally it's a jury unless they select otherwise.

Can both sides select jury members?

Also, can he change his mind at any point and plead guilty from now until we go to trial?Any advice if we do go to trial, except tell the truth...

Neither side really picks who is on the jury. The jury is set up then each side will have their chance to kind of remove people if they think they are too biased one way or another and the judge generally asks the jury if any of them have already decided which way they are going to "vote" before they have heard any evidence and those members would also be replaced. But it isn't like a school yard draw where each "captain" takes turns picking. (not that you thought)

In a jury trial, the attorneys on each side has a chance to interview and reject jury members from a pool of jurors. Some jurors may be eliminated because of bias (like someone who was an abused spouse). Others can be rejected on the whim of the attorney, they each have a number of challenges they can use.

Yes, he can plead guilty right up until the jury returns their verdict.

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Originally Posted by tryin2bbestmom

I think my questions have been answered so far... I have a few other that has come up...

If my ADA was offering a plea of 9 months and he keeps refusing, if found guilty, what time can he serve.

I read on the net that if there is a history of domestic violence and aggravated harassment occurs, which is what he will be on trial for, it can be found guilty with a charge of a felony?

Also, if I turned over the tapes of his phone calls and my own testimony is there, how could he be found not guilty? In other words, what would he have to prove?

THANKS AGAIN!!!

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As far as rejecting a plea.. what that means is he wants to take his chances in a courtroom. i.e. If found guilty he can face anywhere from minimum to maximum sentence. So he could be in for a big surprise when he loses.


As far as raising to a felony. That depends on the laws of your state. Some states have a 3 strikes rule while others don't. So unless your state allows it then you won't know until it happens.

As far as YOUR evidence. Most of it is going to depend on how it was originated. Many times a recording isn't admissible unless both ( all ) parties are aware they are being recorded. Example: He leaves messages on your answering machine. ( that should be allowed ) he's yelling at you and you have a tape recorder in your purse so you turn it on to record what's going on ( most likely not allowed ) Hope that helps

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Originally Posted by califdadof3

As far as rejecting a plea .. what that means is he wants to take his chances in a courtroom. i.e. If found guilty he can face anywhere from minimum to maximum sentence. So he could be in for a big surprise when he loses.


As far as raising to a felony. That depends on the laws of your state. Some states have a 3 strikes rule while others dont. So unless your state allows it then you wont know until it happens.

As far as YOUR evidence. Most of it is going to depend on how it was originated. Many times a recording isnt admissable unless both ( all ) parties are aware they are being recorded. example: He leaves messages on your answering machine. ( that should be allowed ) hes yelling at you and you have a tape recorder in your purse so you turn it on to record whats going on ( most likely not allowed ) Hope that helps

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And in some States recording a conversation without the other person's knowledge is a felony crime. :D

Well thank goodness for me all the messages (probably about 20) I have turned over were voicemails left on my cell and my home phone that belongs to my mother.

I already addressed the issue of being able to submit the tapes as evidence with the ADA and she said they were fine because he left them as a recording...

We are going to trial as of now and I will keep the forum posted.

Again-THANK YOU ALL for your timely and informative responses... even if I might already know the answer it is comforting to hear other's opinions.

Thank you for returning we always like to know how the people we've tried to help are progressing. Good Luck at the trial!