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2014-10-07 9:17 AM
in reply to: StaceyK

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Pennsylvania
Subject: RE: Manatee Mentors 2014 v.2 thread2 CLOSED (Poptart/pet pic bribes?)

Originally posted by StaceyK
Originally posted by 4agoodlife

Kinda odd question...

has anyone gotten a "dent" where there was major bruising/trauma? If so, did it go away on its own or did you treat it?  I have a 2" wide indentation a little above knee on lower quad from where I hit my fork. Bruising is totally gone. It doesn't hurt, but easy to see and feel.

I did this about 2.5 years ago. I still have a dent in the bone and fat of my leg where the bruise was and it gets sore when it is cold and itchy as well.

That is one nasty bruise!



2014-10-07 10:13 AM
in reply to: melbo55

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Orlando
Subject: RE: Manatee Mentors 2014 v.2 thread2 CLOSED (Poptart/pet pic bribes?)

Originally posted by melbo55

Holy carp, what have I done?! hashtag terrified

2015 IRONMAN 70.3 Syracuse

Congratulations! You are now registered for the 2015 IRONMAN 70.3 Syracuse.

Race Date: June 21st, 2015

Woo Hoo!!

2014-10-07 10:20 AM
in reply to: amd723

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Northern IL
Subject: RE: Manatee Mentors 2014 v.2 thread2 CLOSED (Poptart/pet pic bribes?)

Originally posted by amd723

Originally posted by melbo55

Holy carp, what have I done?! hashtag terrified

2015 IRONMAN 70.3 Syracuse

Congratulations! You are now registered for the 2015 IRONMAN 70.3 Syracuse.

Race Date: June 21st, 2015

Woo Hoo!!

Nice, I hear the run is interesting on that one.

2014-10-07 10:31 AM
in reply to: amd723

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Master
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Rio Rancho, NM
Subject: RE: Manatee Mentors 2014 v.2 thread2 CLOSED (Poptart/pet pic bribes?)

Originally posted by amd723

Originally posted by Asalzwed My nose is no longer in the shape of a shatter "s"!!! Feeling pretty good! The dudes still in custody and the state is charging him with second degree assault. I just have to write my victim impact statement for the judge if any of you lawyers care to weigh in...Also, tanto is so sweet, she sent me a card and food! Yanti got spell checked to tanto LOL

Good news on both fronts!  Victim impact statements are to express how this event has affected your life, eg, how has your life changed since the crime occurred; how has it affected you psychologically and emotionally; what fears do you have; how has the crime affected you financially; what type of punishment you hope the defendant receives; how it may affect you if he were to be released; etc.

I'm sure the prosecutor told you, but you can be present at sentencing and read this to the judge or just wing it or you can provide the statement to the prosecutor for him/her to provide to the court.  Honestly, in person statements are generally more powerful.  I have seen cases where I know the judge was going to be way too lenient with a defendant, but once the victim stood up and spoke about his/her experiences the judge went in a different direction.  You have to remember that some members of the criminal justice system can kind of get almost ho-hum about crime as they see horrible things day in and day out, so they sometimes need to be reminded that there are real victims who are not used to being assaulted!  Of course, they also have to work within the state's sentencing guidelines, so the range of punishment is set, it is just what within that range will the bad guy get and what extra things should be added onto the sentence, eg treatment, restitution.

Those are the basics, feel free to ask if you have any questions.

Not that Hands needs a witness... but I completely agree with this.

If the judge sees you and the fact that you are an intelligent, active, productive member of society (not to mention hawt) it will give much more weight to his/her decision.

2014-10-07 10:33 AM
in reply to: brigby1

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Subject: RE: Manatee Mentors 2014 v.2 thread2 CLOSED (Poptart/pet pic bribes?)

Originally posted by brigby1

Originally posted by amd723

Originally posted by melbo55

Holy carp, what have I done?! hashtag terrified

2015 IRONMAN 70.3 Syracuse

Congratulations! You are now registered for the 2015 IRONMAN 70.3 Syracuse.

Race Date: June 21st, 2015

Woo Hoo!!

Nice, I hear the run is interesting on that one.

AWESOME!!!!!!!!!!!!!!!!! Don't be terrified. You got this!

2014-10-07 12:22 PM
in reply to: rrrunner

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Seattle
Subject: RE: Manatee Mentors 2014 v.2 thread2 CLOSED (Poptart/pet pic bribes?)

Rad tat, Kirsten!

Melanie, that is awesome!!!!



2014-10-07 12:29 PM
in reply to: rrrunner

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Seattle
Subject: RE: Manatee Mentors 2014 v.2 thread2 CLOSED (Poptart/pet pic bribes?)

Originally posted by rrrunner

Originally posted by amd723

Originally posted by Asalzwed My nose is no longer in the shape of a shatter "s"!!! Feeling pretty good! The dudes still in custody and the state is charging him with second degree assault. I just have to write my victim impact statement for the judge if any of you lawyers care to weigh in...Also, tanto is so sweet, she sent me a card and food! Yanti got spell checked to tanto LOL

Good news on both fronts!  Victim impact statements are to express how this event has affected your life, eg, how has your life changed since the crime occurred; how has it affected you psychologically and emotionally; what fears do you have; how has the crime affected you financially; what type of punishment you hope the defendant receives; how it may affect you if he were to be released; etc.

I'm sure the prosecutor told you, but you can be present at sentencing and read this to the judge or just wing it or you can provide the statement to the prosecutor for him/her to provide to the court.  Honestly, in person statements are generally more powerful.  I have seen cases where I know the judge was going to be way too lenient with a defendant, but once the victim stood up and spoke about his/her experiences the judge went in a different direction.  You have to remember that some members of the criminal justice system can kind of get almost ho-hum about crime as they see horrible things day in and day out, so they sometimes need to be reminded that there are real victims who are not used to being assaulted!  Of course, they also have to work within the state's sentencing guidelines, so the range of punishment is set, it is just what within that range will the bad guy get and what extra things should be added onto the sentence, eg treatment, restitution.

Those are the basics, feel free to ask if you have any questions.

Not that Hands needs a witness... but I completely agree with this.

If the judge sees you and the fact that you are an intelligent, active, productive member of society (not to mention hawt) it will give much more weight to his/her decision.

Yeah, ok. That makes sense.

I'm not 100% sure that I will be in town for sentencing and I really didn't want to see the guy again but it sounds like it is important so if I am in town I will go. Ick.

I signed something allowing them to access my medical records related to this incident.  There are two portions for restitution to fill out, one being personal belongings and the other being medical/lost wages. Because I don't really know yet (as I haven't been billed AND I haven't gotten a consultation for my teeth yet) should I just leave that portion as TBD? Or would I be better off ballpaking the cost?

I also don't want to come across as money hungry because I am not. I'm not even counting on this dude paying for any of it, seeing as he can't even make bail. 

 

 

2014-10-07 12:40 PM
in reply to: Asalzwed

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Subject: RE: Manatee Mentors 2014 v.2 thread2 CLOSED (Poptart/pet pic bribes?)

Originally posted by Asalzwed

Originally posted by rrrunner

Originally posted by amd723

Originally posted by Asalzwed My nose is no longer in the shape of a shatter "s"!!! Feeling pretty good! The dudes still in custody and the state is charging him with second degree assault. I just have to write my victim impact statement for the judge if any of you lawyers care to weigh in...Also, tanto is so sweet, she sent me a card and food! Yanti got spell checked to tanto LOL

Good news on both fronts!  Victim impact statements are to express how this event has affected your life, eg, how has your life changed since the crime occurred; how has it affected you psychologically and emotionally; what fears do you have; how has the crime affected you financially; what type of punishment you hope the defendant receives; how it may affect you if he were to be released; etc.

I'm sure the prosecutor told you, but you can be present at sentencing and read this to the judge or just wing it or you can provide the statement to the prosecutor for him/her to provide to the court.  Honestly, in person statements are generally more powerful.  I have seen cases where I know the judge was going to be way too lenient with a defendant, but once the victim stood up and spoke about his/her experiences the judge went in a different direction.  You have to remember that some members of the criminal justice system can kind of get almost ho-hum about crime as they see horrible things day in and day out, so they sometimes need to be reminded that there are real victims who are not used to being assaulted!  Of course, they also have to work within the state's sentencing guidelines, so the range of punishment is set, it is just what within that range will the bad guy get and what extra things should be added onto the sentence, eg treatment, restitution.

Those are the basics, feel free to ask if you have any questions.

Not that Hands needs a witness... but I completely agree with this.

If the judge sees you and the fact that you are an intelligent, active, productive member of society (not to mention hawt) it will give much more weight to his/her decision.

Yeah, ok. That makes sense.

I'm not 100% sure that I will be in town for sentencing and I really didn't want to see the guy again but it sounds like it is important so if I am in town I will go. Ick.

I signed something allowing them to access my medical records related to this incident.  There are two portions for restitution to fill out, one being personal belongings and the other being medical/lost wages. Because I don't really know yet (as I haven't been billed AND I haven't gotten a consultation for my teeth yet) should I just leave that portion as TBD? Or would I be better off ballpaking the cost?

I also don't want to come across as money hungry because I am not. I'm not even counting on this dude paying for any of it, seeing as he can't even make bail. 

 

 

Hands might have better insight but I'd say ballpark it. I know you (justifiably) aren't expecting anything from the court (or him) but it gives them a place to start and I've always seen restitution set at the time of sentencing. I'm not sure they could add that in later.

2014-10-07 12:46 PM
in reply to: 0

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Pennsylvania
Subject: RE: Manatee Mentors 2014 v.2 thread2 CLOSED (Poptart/pet pic bribes?)

Originally posted by brigby1

Originally posted by amd723

Originally posted by melbo55

Holy carp, what have I done?! hashtag terrified

2015 IRONMAN 70.3 Syracuse

Congratulations! You are now registered for the 2015 IRONMAN 70.3 Syracuse.

Race Date: June 21st, 2015

Woo Hoo!!

Nice, I hear the run is interesting on that one.

Thanks for the warning, Ben. I have friends who have done the race previously and possibly 'with' me in 2015, so I'm aware that I will be suffering extra much on the run.  Ah, the tortures we find for ourselves...

OTOH, I chose Quassy (also very hilly) as my first Olympic, so I'm not known for picking the easy route to take, LOL.



Edited by melbo55 2014-10-07 12:47 PM
2014-10-07 1:06 PM
in reply to: rrrunner

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Master
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Orlando
Subject: RE: Manatee Mentors 2014 v.2 thread2 CLOSED (Poptart/pet pic bribes?)

Originally posted by rrrunner

Originally posted by Asalzwed

Originally posted by rrrunner

Originally posted by amd723

Originally posted by Asalzwed My nose is no longer in the shape of a shatter "s"!!! Feeling pretty good! The dudes still in custody and the state is charging him with second degree assault. I just have to write my victim impact statement for the judge if any of you lawyers care to weigh in...Also, tanto is so sweet, she sent me a card and food! Yanti got spell checked to tanto LOL

Good news on both fronts!  Victim impact statements are to express how this event has affected your life, eg, how has your life changed since the crime occurred; how has it affected you psychologically and emotionally; what fears do you have; how has the crime affected you financially; what type of punishment you hope the defendant receives; how it may affect you if he were to be released; etc.

I'm sure the prosecutor told you, but you can be present at sentencing and read this to the judge or just wing it or you can provide the statement to the prosecutor for him/her to provide to the court.  Honestly, in person statements are generally more powerful.  I have seen cases where I know the judge was going to be way too lenient with a defendant, but once the victim stood up and spoke about his/her experiences the judge went in a different direction.  You have to remember that some members of the criminal justice system can kind of get almost ho-hum about crime as they see horrible things day in and day out, so they sometimes need to be reminded that there are real victims who are not used to being assaulted!  Of course, they also have to work within the state's sentencing guidelines, so the range of punishment is set, it is just what within that range will the bad guy get and what extra things should be added onto the sentence, eg treatment, restitution.

Those are the basics, feel free to ask if you have any questions.

Not that Hands needs a witness... but I completely agree with this.

If the judge sees you and the fact that you are an intelligent, active, productive member of society (not to mention hawt) it will give much more weight to his/her decision.

Yeah, ok. That makes sense.

I'm not 100% sure that I will be in town for sentencing and I really didn't want to see the guy again but it sounds like it is important so if I am in town I will go. Ick.

I signed something allowing them to access my medical records related to this incident.  There are two portions for restitution to fill out, one being personal belongings and the other being medical/lost wages. Because I don't really know yet (as I haven't been billed AND I haven't gotten a consultation for my teeth yet) should I just leave that portion as TBD? Or would I be better off ballpaking the cost?

I also don't want to come across as money hungry because I am not. I'm not even counting on this dude paying for any of it, seeing as he can't even make bail. 

 

 

Hands might have better insight but I'd say ballpark it. I know you (justifiably) aren't expecting anything from the court (or him) but it gives them a place to start and I've always seen restitution set at the time of sentencing. I'm not sure they could add that in later.

I would indicate that you do have medical expenses for services rendered and services to come - and put in what that is, but the amounts have yet to be determined.  It is not unusual for this to happen, so Washington should have a law similar to Florida's that will allow the judge to order restitution with an amount to be set later.  In Florida, jurisdiction for setting the amount lasts for the term of the sentence, eg, if the guy gets 5 years probation, you have 5 years to set the restitution amount.  So, once you have hard bills, the prosecutor will set a hearing for the purposes of setting the exact amount.  Again, that is Florida stuff, but it should be similar where you are.  

If you already know the sentencing date, that means the guy has either reached an agreement with the State or he is pleading to the bench (without a deal).  If he has reached an agreement with the State, you should ask what that is.  You should have some say in the matter. 

2014-10-07 1:11 PM
in reply to: melbo55

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Denver, CO
Subject: RE: Manatee Mentors 2014 v.2 thread2 CLOSED (Poptart/pet pic bribes?)

In case you don't check out the Tri Talk forum, this was posted this morning.  It's a list of emoticons for your training.  Pretty funny!  http://beginnertriathlete.com/discussion/forums/thread-view.asp?tid=524679&posts=1&page=1

Melanie - Exciting!  Terrifying!  I'm so proud of you for signing up.  We'll be with you all the way.

Salty - Glad to hear your nose is back to its proper shape and you're not hurting too bad.  Also *super* that the guy's still in jail, right where he belongs.  Good luck with your witness statement.  As for restitution, you never know.  Where I work, we're getting $100 checks every month from a guy who stole $20,000.  I'm thinking we'll be getting those checks for a looooong time.  Love how Yanti got translated to Tonto.  She's the sidekick who always steals the show.

Tom - Fun poem and SO cool that you got a return tweet!

Erin - Hope your dent heals up soon.  Ouch!

I think I'm caught up now and will stop using exclamation points now.  Busy day at work.  They're actually expecting me to work.  How silly.   Meanwhile, I've had to run several errands so I've taken the opportunity to do 26 flights of stairs and I'm planning to do 14 more to make it an even 40.  Who needs a Stair Master when you work on the 14th floor?



2014-10-07 1:23 PM
in reply to: laffinrock

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Subject: RE: Manatee Mentors 2014 v.2 thread2 CLOSED (Poptart/pet pic bribes?)

Originally posted by laffinrock

In case you don't check out the Tri Talk forum, this was posted this morning.  It's a list of emoticons for your training.  Pretty funnyhttp://beginnertriathlete.com/discussion/forums/thread-view.asp?tid=524679&posts=1&page=1

Melanie - Exciting!  Terrifying!  I'm so proud of you for signing up.  We'll be with you all the way.

Salty - Glad to hear your nose is back to its proper shape and you're not hurting too bad.  Also *super* that the guy's still in jail, right where he belongs.  Good luck with your witness statement.  As for restitution, you never know.  Where I work, we're getting $100 checks every month from a guy who stole $20,000.  I'm thinking we'll be getting those checks for a looooong time.  Love how Yanti got translated to Tonto.  She's the sidekick who always steals the show.

Tom - Fun poem and SO cool that you got a return tweet!

Erin - Hope your dent heals up soon.  Ouch!

I think I'm caught up now and will stop using exclamation points now.  Busy day at work.  They're actually expecting me to work.  How silly.   Meanwhile, I've had to run several errands so I've taken the opportunity to do 26 flights of stairs and I'm planning to do 14 more to make it an even 40.  Who needs a Stair Master when you work on the 14th floor?

Those were really funny. And funny that two of my favorite emoticons were perfect. Do you  have me confused with someone faster, and totally lost track of what I was supposed to be doing. yep.

2014-10-07 1:26 PM
in reply to: amd723

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Seattle
Subject: RE: Manatee Mentors 2014 v.2 thread2 CLOSED (Poptart/pet pic bribes?)

Originally posted by amd723

Originally posted by rrrunner

Originally posted by Asalzwed

Originally posted by rrrunner

Originally posted by amd723

Originally posted by Asalzwed My nose is no longer in the shape of a shatter "s"!!! Feeling pretty good! The dudes still in custody and the state is charging him with second degree assault. I just have to write my victim impact statement for the judge if any of you lawyers care to weigh in...Also, tanto is so sweet, she sent me a card and food! Yanti got spell checked to tanto LOL

Good news on both fronts!  Victim impact statements are to express how this event has affected your life, eg, how has your life changed since the crime occurred; how has it affected you psychologically and emotionally; what fears do you have; how has the crime affected you financially; what type of punishment you hope the defendant receives; how it may affect you if he were to be released; etc.

I'm sure the prosecutor told you, but you can be present at sentencing and read this to the judge or just wing it or you can provide the statement to the prosecutor for him/her to provide to the court.  Honestly, in person statements are generally more powerful.  I have seen cases where I know the judge was going to be way too lenient with a defendant, but once the victim stood up and spoke about his/her experiences the judge went in a different direction.  You have to remember that some members of the criminal justice system can kind of get almost ho-hum about crime as they see horrible things day in and day out, so they sometimes need to be reminded that there are real victims who are not used to being assaulted!  Of course, they also have to work within the state's sentencing guidelines, so the range of punishment is set, it is just what within that range will the bad guy get and what extra things should be added onto the sentence, eg treatment, restitution.

Those are the basics, feel free to ask if you have any questions.

Not that Hands needs a witness... but I completely agree with this.

If the judge sees you and the fact that you are an intelligent, active, productive member of society (not to mention hawt) it will give much more weight to his/her decision.

Yeah, ok. That makes sense.

I'm not 100% sure that I will be in town for sentencing and I really didn't want to see the guy again but it sounds like it is important so if I am in town I will go. Ick.

I signed something allowing them to access my medical records related to this incident.  There are two portions for restitution to fill out, one being personal belongings and the other being medical/lost wages. Because I don't really know yet (as I haven't been billed AND I haven't gotten a consultation for my teeth yet) should I just leave that portion as TBD? Or would I be better off ballpaking the cost?

I also don't want to come across as money hungry because I am not. I'm not even counting on this dude paying for any of it, seeing as he can't even make bail. 

 

 

Hands might have better insight but I'd say ballpark it. I know you (justifiably) aren't expecting anything from the court (or him) but it gives them a place to start and I've always seen restitution set at the time of sentencing. I'm not sure they could add that in later.

I would indicate that you do have medical expenses for services rendered and services to come - and put in what that is, but the amounts have yet to be determined.  It is not unusual for this to happen, so Washington should have a law similar to Florida's that will allow the judge to order restitution with an amount to be set later.  In Florida, jurisdiction for setting the amount lasts for the term of the sentence, eg, if the guy gets 5 years probation, you have 5 years to set the restitution amount.  So, once you have hard bills, the prosecutor will set a hearing for the purposes of setting the exact amount.  Again, that is Florida stuff, but it should be similar where you are.  

If you already know the sentencing date, that means the guy has either reached an agreement with the State or he is pleading to the bench (without a deal).  If he has reached an agreement with the State, you should ask what that is.  You should have some say in the matter. 

Awesome. Ok, thanks guys, Sheesh, sorry to make this forum law 101.

I don't have a sentencing date yet so I imagine they haven't set anything. I've only talked to the investigator and not the prosecutor or the defense attorney. They just sent me the restitution/ victim impact statement paperwork and I need to get it in before I leave tomorrow 

2014-10-07 1:32 PM
in reply to: Asalzwed

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Master
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Orlando
Subject: RE: Manatee Mentors 2014 v.2 thread2 CLOSED (Poptart/pet pic bribes?)

Originally posted by Asalzwed

Originally posted by amd723

Originally posted by rrrunner

Originally posted by Asalzwed

Originally posted by rrrunner

Originally posted by amd723

Originally posted by Asalzwed My nose is no longer in the shape of a shatter "s"!!! Feeling pretty good! The dudes still in custody and the state is charging him with second degree assault. I just have to write my victim impact statement for the judge if any of you lawyers care to weigh in...Also, tanto is so sweet, she sent me a card and food! Yanti got spell checked to tanto LOL

Good news on both fronts!  Victim impact statements are to express how this event has affected your life, eg, how has your life changed since the crime occurred; how has it affected you psychologically and emotionally; what fears do you have; how has the crime affected you financially; what type of punishment you hope the defendant receives; how it may affect you if he were to be released; etc.

I'm sure the prosecutor told you, but you can be present at sentencing and read this to the judge or just wing it or you can provide the statement to the prosecutor for him/her to provide to the court.  Honestly, in person statements are generally more powerful.  I have seen cases where I know the judge was going to be way too lenient with a defendant, but once the victim stood up and spoke about his/her experiences the judge went in a different direction.  You have to remember that some members of the criminal justice system can kind of get almost ho-hum about crime as they see horrible things day in and day out, so they sometimes need to be reminded that there are real victims who are not used to being assaulted!  Of course, they also have to work within the state's sentencing guidelines, so the range of punishment is set, it is just what within that range will the bad guy get and what extra things should be added onto the sentence, eg treatment, restitution.

Those are the basics, feel free to ask if you have any questions.

Not that Hands needs a witness... but I completely agree with this.

If the judge sees you and the fact that you are an intelligent, active, productive member of society (not to mention hawt) it will give much more weight to his/her decision.

Yeah, ok. That makes sense.

I'm not 100% sure that I will be in town for sentencing and I really didn't want to see the guy again but it sounds like it is important so if I am in town I will go. Ick.

I signed something allowing them to access my medical records related to this incident.  There are two portions for restitution to fill out, one being personal belongings and the other being medical/lost wages. Because I don't really know yet (as I haven't been billed AND I haven't gotten a consultation for my teeth yet) should I just leave that portion as TBD? Or would I be better off ballpaking the cost?

I also don't want to come across as money hungry because I am not. I'm not even counting on this dude paying for any of it, seeing as he can't even make bail. 

 

 

Hands might have better insight but I'd say ballpark it. I know you (justifiably) aren't expecting anything from the court (or him) but it gives them a place to start and I've always seen restitution set at the time of sentencing. I'm not sure they could add that in later.

I would indicate that you do have medical expenses for services rendered and services to come - and put in what that is, but the amounts have yet to be determined.  It is not unusual for this to happen, so Washington should have a law similar to Florida's that will allow the judge to order restitution with an amount to be set later.  In Florida, jurisdiction for setting the amount lasts for the term of the sentence, eg, if the guy gets 5 years probation, you have 5 years to set the restitution amount.  So, once you have hard bills, the prosecutor will set a hearing for the purposes of setting the exact amount.  Again, that is Florida stuff, but it should be similar where you are.  

If you already know the sentencing date, that means the guy has either reached an agreement with the State or he is pleading to the bench (without a deal).  If he has reached an agreement with the State, you should ask what that is.  You should have some say in the matter. 

Awesome. Ok, thanks guys, Sheesh, sorry to make this forum law 101.

I don't have a sentencing date yet so I imagine they haven't set anything. I've only talked to the investigator and not the prosecutor or the defense attorney. They just sent me the restitution/ victim impact statement paperwork and I need to get it in before I leave tomorrow 

No problem, I'm always happy to talk criminal law.  I'm geeky that way!  What is the bad guy's name? I may be able to stalk your case.

2014-10-07 1:39 PM
in reply to: amd723

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Master
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Rio Rancho, NM
Subject: RE: Manatee Mentors 2014 v.2 thread2 CLOSED (Poptart/pet pic bribes?)

Originally posted by amd723

Originally posted by Asalzwed

Originally posted by amd723

Originally posted by rrrunner

Originally posted by Asalzwed

Originally posted by rrrunner

Originally posted by amd723

Originally posted by Asalzwed My nose is no longer in the shape of a shatter "s"!!! Feeling pretty good! The dudes still in custody and the state is charging him with second degree assault. I just have to write my victim impact statement for the judge if any of you lawyers care to weigh in...Also, tanto is so sweet, she sent me a card and food! Yanti got spell checked to tanto LOL

Good news on both fronts!  Victim impact statements are to express how this event has affected your life, eg, how has your life changed since the crime occurred; how has it affected you psychologically and emotionally; what fears do you have; how has the crime affected you financially; what type of punishment you hope the defendant receives; how it may affect you if he were to be released; etc.

I'm sure the prosecutor told you, but you can be present at sentencing and read this to the judge or just wing it or you can provide the statement to the prosecutor for him/her to provide to the court.  Honestly, in person statements are generally more powerful.  I have seen cases where I know the judge was going to be way too lenient with a defendant, but once the victim stood up and spoke about his/her experiences the judge went in a different direction.  You have to remember that some members of the criminal justice system can kind of get almost ho-hum about crime as they see horrible things day in and day out, so they sometimes need to be reminded that there are real victims who are not used to being assaulted!  Of course, they also have to work within the state's sentencing guidelines, so the range of punishment is set, it is just what within that range will the bad guy get and what extra things should be added onto the sentence, eg treatment, restitution.

Those are the basics, feel free to ask if you have any questions.

Not that Hands needs a witness... but I completely agree with this.

If the judge sees you and the fact that you are an intelligent, active, productive member of society (not to mention hawt) it will give much more weight to his/her decision.

Yeah, ok. That makes sense.

I'm not 100% sure that I will be in town for sentencing and I really didn't want to see the guy again but it sounds like it is important so if I am in town I will go. Ick.

I signed something allowing them to access my medical records related to this incident.  There are two portions for restitution to fill out, one being personal belongings and the other being medical/lost wages. Because I don't really know yet (as I haven't been billed AND I haven't gotten a consultation for my teeth yet) should I just leave that portion as TBD? Or would I be better off ballpaking the cost?

I also don't want to come across as money hungry because I am not. I'm not even counting on this dude paying for any of it, seeing as he can't even make bail. 

 

 

Hands might have better insight but I'd say ballpark it. I know you (justifiably) aren't expecting anything from the court (or him) but it gives them a place to start and I've always seen restitution set at the time of sentencing. I'm not sure they could add that in later.

I would indicate that you do have medical expenses for services rendered and services to come - and put in what that is, but the amounts have yet to be determined.  It is not unusual for this to happen, so Washington should have a law similar to Florida's that will allow the judge to order restitution with an amount to be set later.  In Florida, jurisdiction for setting the amount lasts for the term of the sentence, eg, if the guy gets 5 years probation, you have 5 years to set the restitution amount.  So, once you have hard bills, the prosecutor will set a hearing for the purposes of setting the exact amount.  Again, that is Florida stuff, but it should be similar where you are.  

If you already know the sentencing date, that means the guy has either reached an agreement with the State or he is pleading to the bench (without a deal).  If he has reached an agreement with the State, you should ask what that is.  You should have some say in the matter. 

Awesome. Ok, thanks guys, Sheesh, sorry to make this forum law 101.

I don't have a sentencing date yet so I imagine they haven't set anything. I've only talked to the investigator and not the prosecutor or the defense attorney. They just sent me the restitution/ victim impact statement paperwork and I need to get it in before I leave tomorrow 

No problem, I'm always happy to talk criminal law.  I'm geeky that way!  What is the bad guy's name? I may be able to stalk your case.

Hands I could've bent your ear pretty good on Thursday. Let's just say it's the first time I've ever seen the gubment argue FOR a defendent to get a downward departure.

2014-10-07 1:43 PM
in reply to: rrrunner

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Subject: RE: Manatee Mentors 2014 v.2 thread2 CLOSED (Poptart/pet pic bribes?)

Originally posted by rrrunner

Originally posted by amd723

Originally posted by Asalzwed

Originally posted by amd723

Originally posted by rrrunner

Originally posted by Asalzwed

Originally posted by rrrunner

Originally posted by amd723

Originally posted by Asalzwed My nose is no longer in the shape of a shatter "s"!!! Feeling pretty good! The dudes still in custody and the state is charging him with second degree assault. I just have to write my victim impact statement for the judge if any of you lawyers care to weigh in...Also, tanto is so sweet, she sent me a card and food! Yanti got spell checked to tanto LOL

Good news on both fronts!  Victim impact statements are to express how this event has affected your life, eg, how has your life changed since the crime occurred; how has it affected you psychologically and emotionally; what fears do you have; how has the crime affected you financially; what type of punishment you hope the defendant receives; how it may affect you if he were to be released; etc.

I'm sure the prosecutor told you, but you can be present at sentencing and read this to the judge or just wing it or you can provide the statement to the prosecutor for him/her to provide to the court.  Honestly, in person statements are generally more powerful.  I have seen cases where I know the judge was going to be way too lenient with a defendant, but once the victim stood up and spoke about his/her experiences the judge went in a different direction.  You have to remember that some members of the criminal justice system can kind of get almost ho-hum about crime as they see horrible things day in and day out, so they sometimes need to be reminded that there are real victims who are not used to being assaulted!  Of course, they also have to work within the state's sentencing guidelines, so the range of punishment is set, it is just what within that range will the bad guy get and what extra things should be added onto the sentence, eg treatment, restitution.

Those are the basics, feel free to ask if you have any questions.

Not that Hands needs a witness... but I completely agree with this.

If the judge sees you and the fact that you are an intelligent, active, productive member of society (not to mention hawt) it will give much more weight to his/her decision.

Yeah, ok. That makes sense.

I'm not 100% sure that I will be in town for sentencing and I really didn't want to see the guy again but it sounds like it is important so if I am in town I will go. Ick.

I signed something allowing them to access my medical records related to this incident.  There are two portions for restitution to fill out, one being personal belongings and the other being medical/lost wages. Because I don't really know yet (as I haven't been billed AND I haven't gotten a consultation for my teeth yet) should I just leave that portion as TBD? Or would I be better off ballpaking the cost?

I also don't want to come across as money hungry because I am not. I'm not even counting on this dude paying for any of it, seeing as he can't even make bail. 

 

 

Hands might have better insight but I'd say ballpark it. I know you (justifiably) aren't expecting anything from the court (or him) but it gives them a place to start and I've always seen restitution set at the time of sentencing. I'm not sure they could add that in later.

I would indicate that you do have medical expenses for services rendered and services to come - and put in what that is, but the amounts have yet to be determined.  It is not unusual for this to happen, so Washington should have a law similar to Florida's that will allow the judge to order restitution with an amount to be set later.  In Florida, jurisdiction for setting the amount lasts for the term of the sentence, eg, if the guy gets 5 years probation, you have 5 years to set the restitution amount.  So, once you have hard bills, the prosecutor will set a hearing for the purposes of setting the exact amount.  Again, that is Florida stuff, but it should be similar where you are.  

If you already know the sentencing date, that means the guy has either reached an agreement with the State or he is pleading to the bench (without a deal).  If he has reached an agreement with the State, you should ask what that is.  You should have some say in the matter. 

Awesome. Ok, thanks guys, Sheesh, sorry to make this forum law 101.

I don't have a sentencing date yet so I imagine they haven't set anything. I've only talked to the investigator and not the prosecutor or the defense attorney. They just sent me the restitution/ victim impact statement paperwork and I need to get it in before I leave tomorrow 

No problem, I'm always happy to talk criminal law.  I'm geeky that way!  What is the bad guy's name? I may be able to stalk your case.

Hands I could've bent your ear pretty good on Thursday. Let's just say it's the first time I've ever seen the gubment argue FOR a defendent to get a downward departure.

WTF!



2014-10-07 1:50 PM
in reply to: Asalzwed

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Master
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Subject: RE: Manatee Mentors 2014 v.2 thread2 CLOSED (Poptart/pet pic bribes?)

Originally posted by Asalzwed

 

Awesome. Ok, thanks guys, Sheesh, sorry to make this forum law 101.

I don't have a sentencing date yet so I imagine they haven't set anything. I've only talked to the investigator and not the prosecutor or the defense attorney. They just sent me the restitution/ victim impact statement paperwork and I need to get it in before I leave tomorrow 

Never apologize (Gibbs Rule #6)

Now to the other, more fun, stuff, why the trip, fun or work? Or both?

2014-10-07 1:57 PM
in reply to: cdban66

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Seattle
Subject: RE: Manatee Mentors 2014 v.2 thread2 CLOSED (Poptart/pet pic bribes?)

Originally posted by cdban66

Originally posted by Asalzwed

 

Awesome. Ok, thanks guys, Sheesh, sorry to make this forum law 101.

I don't have a sentencing date yet so I imagine they haven't set anything. I've only talked to the investigator and not the prosecutor or the defense attorney. They just sent me the restitution/ victim impact statement paperwork and I need to get it in before I leave tomorrow 

Never apologize (Gibbs Rule #6)

Now to the other, more fun, stuff, why the trip, fun or work? Or both?

Fun.

My cousin is getting married in Tokyo then we are all taking the bullet trail to Kyoto. 

2014-10-07 2:00 PM
in reply to: Asalzwed

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Master
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Subject: RE: Manatee Mentors 2014 v.2 thread2 CLOSED (Poptart/pet pic bribes?)

Originally posted by Asalzwed

Originally posted by cdban66

Originally posted by Asalzwed

 

Awesome. Ok, thanks guys, Sheesh, sorry to make this forum law 101.

I don't have a sentencing date yet so I imagine they haven't set anything. I've only talked to the investigator and not the prosecutor or the defense attorney. They just sent me the restitution/ victim impact statement paperwork and I need to get it in before I leave tomorrow 

Never apologize (Gibbs Rule #6)

Now to the other, more fun, stuff, why the trip, fun or work? Or both?

Fun.

My cousin is getting married in Tokyo then we are all taking the bullet trail to Kyoto. 

Cool beans

2014-10-07 2:01 PM
in reply to: Asalzwed

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Master
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Subject: RE: Manatee Mentors 2014 v.2 thread2 CLOSED (Poptart/pet pic bribes?)

Originally posted by Asalzwed

Originally posted by cdban66

Originally posted by Asalzwed

 

Awesome. Ok, thanks guys, Sheesh, sorry to make this forum law 101.

I don't have a sentencing date yet so I imagine they haven't set anything. I've only talked to the investigator and not the prosecutor or the defense attorney. They just sent me the restitution/ victim impact statement paperwork and I need to get it in before I leave tomorrow 

Never apologize (Gibbs Rule #6)

Now to the other, more fun, stuff, why the trip, fun or work? Or both?

Fun.

My cousin is getting married in Tokyo then we are all taking the bullet trail to Kyoto. 

Sweet!!! Have a blast (like you wouldn't anyway).

2014-10-07 2:09 PM
in reply to: Asalzwed

Master
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Northern IL
Subject: RE: Manatee Mentors 2014 v.2 thread2 CLOSED (Poptart/pet pic bribes?)

Originally posted by Asalzwed

I also don't want to come across as money hungry because I am not. I'm not even counting on this dude paying for any of it, seeing as he can't even make bail. 

Remember that you're not money hungry, just getting back to where you were. Similar yet notable differences to a situation another family member had some years ago. Involved a wrecked knee and multiple surgeries to correct. Hated having to do it with the amounts getting to be that much, but that's what they were due to the actions of that individual. It's the risk they took and it caught up to them.



2014-10-07 5:22 PM
in reply to: laffinrock

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Subject: RE: Manatee Mentors 2014 v.2 thread2 CLOSED (Poptart/pet pic bribes?)

Originally posted by laffinrock

Originally posted by rrrunner Are you using a plan? Does it recommend tune-up races? The marathon plan I'm looking at does include tune up races but also discusses the fact that you shouldn't put too much emphasis on the results of those races.

At this point, there's no plan.  I'm still(!!) waiting to get one from my running club coach.  If I don't get something from Joey by Tuesday, I'm going to start following the one DH used (and liked) so I have some structure.  What rationale does your plan give for tune-up races? 

Mary, curious what plan that was? Also what you're looking at doing in the more immediate future? Suggestion would be to build in more frequency. It's easier to add more to existing runs later, and just get used to some sort of run being there in the first place. I know you look over my logs at times, so you can see how quickly things can build up to 30 miles a week or so. Several days a week are only a mile or two as well. And that's how to introduce them. Even if it's 10 minutes a few times, it adds up and can do more than first thought. Curious if you can identify any sort of patterns in what I've done.

2014-10-07 6:25 PM
in reply to: brigby1

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Subject: RE: Manatee Mentors 2014 v.2 thread2 CLOSED (Poptart/pet pic bribes?)

Originally posted by brigby1

Originally posted by laffinrock

Originally posted by rrrunner Are you using a plan? Does it recommend tune-up races? The marathon plan I'm looking at does include tune up races but also discusses the fact that you shouldn't put too much emphasis on the results of those races.

At this point, there's no plan.  I'm still(!!) waiting to get one from my running club coach.  If I don't get something from Joey by Tuesday, I'm going to start following the one DH used (and liked) so I have some structure.  What rationale does your plan give for tune-up races? 

Mary, curious what plan that was? Also what you're looking at doing in the more immediate future? Suggestion would be to build in more frequency. It's easier to add more to existing runs later, and just get used to some sort of run being there in the first place. I know you look over my logs at times, so you can see how quickly things can build up to 30 miles a week or so. Several days a week are only a mile or two as well. And that's how to introduce them. Even if it's 10 minutes a few times, it adds up and can do more than first thought. Curious if you can identify any sort of patterns in what I've done.

DH has a Runner's World 6 week 10k plan for beginners and I'll be doing a 10k on 11/15.  The plan calls for 4 runs a week.  It starts with a 4 mi. easy run, 4 mi. with aerobic intervals, 4 mi. with 3 gentle pickups, and a 5 mi. easy run.  The mileage per week goes 17, 18, 21, 22.5, 19.5, 14.2.  That all seems quite doable at this point.  I'll be doing hill sprints (1 block up, jog down for recovery with 1 mi. easy run at beginning and end) 1x/wk in my training club so I'll probably count that as my aerobic intervals. Once I get to 11/15, I'll have 16 weeks to prepare for the HM on 3/13.  For tune-up races, I'm thinking about doing a 10k in early Jan. and a 10 mi. on Feb. 21. That's as far as I've gotten so far with my plan.

I'm also biking 1x/week and swimming 1-2x/week and am planning to do a couple of duathlons in Dec. and Jan. for fun.  I don't think I want to bump up to running 5x/wk, plus I think the cross-training is probably better for my back and hip.  My goal is to finish the HM with as little walking as possible.

 

2014-10-08 8:17 AM
in reply to: laffinrock

Master
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Northern IL
Subject: RE: Manatee Mentors 2014 v.2 thread2 CLOSED (Poptart/pet pic bribes?)

Originally posted by laffinrock

Originally posted by brigby1

Originally posted by laffinrock

Originally posted by rrrunner Are you using a plan? Does it recommend tune-up races? The marathon plan I'm looking at does include tune up races but also discusses the fact that you shouldn't put too much emphasis on the results of those races.

At this point, there's no plan.  I'm still(!!) waiting to get one from my running club coach.  If I don't get something from Joey by Tuesday, I'm going to start following the one DH used (and liked) so I have some structure.  What rationale does your plan give for tune-up races? 

Mary, curious what plan that was? Also what you're looking at doing in the more immediate future? Suggestion would be to build in more frequency. It's easier to add more to existing runs later, and just get used to some sort of run being there in the first place. I know you look over my logs at times, so you can see how quickly things can build up to 30 miles a week or so. Several days a week are only a mile or two as well. And that's how to introduce them. Even if it's 10 minutes a few times, it adds up and can do more than first thought. Curious if you can identify any sort of patterns in what I've done.

DH has a Runner's World 6 week 10k plan for beginners and I'll be doing a 10k on 11/15.  The plan calls for 4 runs a week.  It starts with a 4 mi. easy run, 4 mi. with aerobic intervals, 4 mi. with 3 gentle pickups, and a 5 mi. easy run.  The mileage per week goes 17, 18, 21, 22.5, 19.5, 14.2.  That all seems quite doable at this point.  I'll be doing hill sprints (1 block up, jog down for recovery with 1 mi. easy run at beginning and end) 1x/wk in my training club so I'll probably count that as my aerobic intervals. Once I get to 11/15, I'll have 16 weeks to prepare for the HM on 3/13.  For tune-up races, I'm thinking about doing a 10k in early Jan. and a 10 mi. on Feb. 21. That's as far as I've gotten so far with my plan.

I'm also biking 1x/week and swimming 1-2x/week and am planning to do a couple of duathlons in Dec. and Jan. for fun.  I don't think I want to bump up to running 5x/wk, plus I think the cross-training is probably better for my back and hip.  My goal is to finish the HM with as little walking as possible.

 

That generally seems ok. From what I could see of the "aerobic intervals", they had 4 x 1 min or so? If that's right, doesn't sound too different from some of the work I'm doing. Just fewer intervals (which is just fine). Not really *that* different from strides or pick-ups either. How easy/difficult has your running to date felt to you and is your logging up to date? When I suggested more frequency before I didn't mean all at once, but gradually built in over time. Like trying to get used to 3-4 times a week for a few weeks first. I mention this because if everything is up to date, then just the 10k plan will be a significant increase for you compared to the last few months. The run frequency is twice what you've been doing and the starting weekly mileage is more than double, almost 2.5 times as much. About a 10 mile/wk increase. It's not necessarily a ridiculous amount, but it is sizable enough that you'll want to make sure to pay attention to how your body is handling it. I think you'll likely get through first week ok, and it'll be in the 2nd & 3rd weeks that the load could become more apparent. If you notice in mine, I did fine with a number of weeks somewhere in the 20's, did ok during the bigger week with ~35 miles, but in the week after the calf soreness picked up. Not an injury, but also not recovering as fast as I'd like, leaving some soreness for the next workout. I probably should have done a little less on Saturday and/or Sunday of that week, in spite of feeling ok at the time.

2014-10-08 8:19 AM
in reply to: Asalzwed

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Subject: RE: Manatee Mentors 2014 v.2 thread2 CLOSED (Poptart/pet pic bribes?)

Originally posted by Asalzwed My nose is no longer in the shape of a shatter "s"!!! Feeling pretty good! The dudes still in custody and the state is charging him with second degree assault. I just have to write my victim impact statement for the judge if any of you lawyers care to weigh in...Also, tanto is so sweet, she sent me a card and food! Yanti got spell checked to tanto LOL

Well you are definitely in the right group for law and order type stuff! Very happy your face is better and you're not feeling too poorly and you got the goodies.

Tanto is just fine ... "tante" in Indonesian (and Dutch and German for that matter) is Aunty (basically what any kid is going to call you if not by name) so I get called tante and variations of that all the time!

Plus, it kinda sounds like Tonto, which is pretty cool.

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