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| Member |
A little over a year ago my house was burglarized. I was out of town at the time, and my wife came home (with our 3 year old daughter) and found a window smashed with people inside. She called police and pulled out of the driveway, the first police car was there in about 90 seconds (not an exaggeration). Multiple units followed and they caught the men about a block away from our house. They stole about $23k worth of stuff, the kicker being my wife's engagement ring she forgot to put on that morning. we were able to get everything back that they took. Unfortunately they used a crowbar to smash multiple things in the house, including my TV. Fast forward to today. We received a letter in the mail saying they were sentenced 8 months ago to PROBATION! They apologized for the delay in sending us the letter and said it was misplaced. The three men were also supposed to pay us a sum of about $2k for the damage, and we were supposed to receive that by 7/7/17. Clearly we never received anything. I am mostly pissed that they broke into my house with weapons and all they got was probation. All of them were over 18 and had multiple arrests. One had been arrested several times for drugs, burglary, vandalism, etc. You would think that people with past arrests would get more than probation with aggravated burglary. Also upset that we are just now hearing how it all went down. We had contacted the DA several times, the last being back in August asking for updates. We were told we would receive a letter once they were sentenced. | ||
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| Member |
Sucks, but the revolving door at 201 Poplar is crazy. The asshole who killed the lady in Harbor Town had a long list of burglary and assault and was on the street. http://www.commercialappeal.co...rbor-town/855717001/ | |||
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| Do No Harm, Do Know Harm |
A couple of years ago a woman was convicted, I think in California, for doing the straw purchase for the gun her felon boyfriend used to kill a cop. Probation. The criminal justice system is a joke. I’m sorry you’re on the short end, I know that’s infuriating. Knowing what one is talking about is widely admired but not strictly required here. Although sometimes distracting, there is often a certain entertainment value to this easy standard. -JALLEN "All I need is a WAR ON DRUGS reference and I got myself a police thread BINGO." -jljones | |||
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| Member |
Many courts see burglary as a simple property crime and not the personal violation it actually is. Many of my burglary victims never felt safe in their own homes after they got hit. And guns taken in residential burglaries are often used in other, even more serious crime. You would think that courts would take a far more serious look at residential burglary but it just is not the case. End of Earth: 2 Miles Upper Peninsula: 4 Miles | |||
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Member |
This is a classic example of why there is an epidemic of recidivism where serious felonies are involved. In you case, it sounds like the police did their jobs in exemplary fashion from response time to making multiple arrests and following up by providing enough evidence to prosecutors to secure convictions for aggravated burglary. The prosecutor also seems to have done his job by securing convictions. The problem is clearly in sentencing area. Do you know what the prosecution recommended to the court for sentencing? If the prosecutor's recommendation was appropriate, that leaves the final cog in the wheel, the judge. Given that all the convicts are adults and had multiple arrests, I would also think that some jail time, if not prison time, was warranted. Judges in my area are often social workers in black robes so sentencing is frequently like a lottery depending on whose court a particular case ends up in. Then there is the overused excuse of lack of jail/prison space due to overcrowding, etc. I would certainly let the appropriate elected officials involved know of your displeasure with how this was handled and specifically target whomever is responsible for ensuring that the convicts pay you restitution. | |||
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| Member |
You could do what I did, GTFO there. Try to relocate to somewhere which is civilized. | |||
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| I believe in the principle of Due Process  |
Are there empty beds/cells to hold all these criminals? That seems to be the problem in Whackyland, as a Federal judge required it to release quite a few thousand due to overcrowding, lack of medical care, etc. Luckily, I have enough willpower to control the driving ambition that rages within me. When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson "Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown | |||
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| Member |
The system is clearly broken. You say this happened a year ago and 8 months ago they were sentenced. It sounds like they were in jail for the remaining 4 months. They probably got time served for the time in jail then got probation upon release. Still not enough time though. When the govt. was handing out stimulus money it would have been nice to build some prisons. Think about how many jobs the construction and running of a prison it would create. It would also solve some over crowding issues too. | |||
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| Member |
Some good points above. We went through a burglary in our out building a couple of years ago, about $17K of things were taken. It's a heck of a story, but the short version is that they caught the perp. After the pulled the 6 shot out of his hide (not my 6 shot), he was charged. My wife took personal charge of making sure the system worked. Contacted the prosecutor on a regular basis, went to the court hearings, etc. It took a LONG time for it to finally come to sentencing, but the guy got a year and restitution is suppose to be paid to us (yeah, right). But it was quite an education for us, having never dealt with the justice system on that level. We really found out that, in general, the court works for the criminal, not the victim. Prosecutor thanked my wife when it was done. Said if had not been for her pushing to get the right people talking with the right information, following up with the sheriff, etc, it would not likely have ended in a jail sentence. Told her it was rare for people to get involved like she did. I guess the moral of the story is do not expect the system to work on its own. Get involved and make it work for you, at least as much as you can. | |||
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| Just because you can, doesn't mean you should |
^^^^ The squeaking wheel.... You have to be on a first name basis with the assistant district attorney that is handling the case and the detective too if possible. There are often things that won't get done unless you do them, to help the case along to a successful conclusion. Everyone is very busy and most cases get pled down for a quick and easy resolution. I realize it shouldn't have to be that way, but it is. When you don't work in the field, you don't know what it's really like. I went through this process many years ago in the federal system. Fortunately the agent in charge really hated the guy and he helped me navigate the system and obtain other help that I wouldn't have been able to get or even know about. Before the case was heard, the AUSA said the guy would likely get 0-6 months. He got 18 months and 5 years supervised release afterwords. ___________________________ Avoid buying ChiCom/CCP products whenever possible. | |||
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| Member |
Before I would opine on this sentence I would have to know if your state has sentencing guidelines, and, if so, where did these individuals "score' on those guidelines. I would also guess that it was argued that the crime was an unoccupied burglary (some states occupied vs unoccupied can affect the severity) and therefore deserved a lesser sentence. But again, how much do you want to pay in taxes? Lock every offender up for "non-violent" felonies, pay more taxes. But as for your restitution, call the State/county probation office and find out about when you will receive your restitution. | |||
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Pursuing the wicked |
Judges are soft. They overlook the violence because they've never been exposed to it. Never did a ride along. Never been a victim. Their tenure is academic. I'd write a letter to the judge asking for an explanation. I'd then forward their reply to your local media. The system is broken my friend. | |||
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| Little ray of sunshine  |
This is true. And I don't know the situation where you are, but in most states, the prisons are so full, that they can't house everyone that we think should go to jail. That is a harder problem to solve. The fish is mute, expressionless. The fish doesn't think because the fish knows everything. | |||
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| His diet consists of black coffee, and sarcasm.  |
I'm not sure about our state law and what constitutes "aggravated" burglary, or aggravated anything.
They were carrying weapons of their own when they broke in, or there were weapons in your house that they stole? If it was the former, if that isn't "aggravated," I don't know what would be. That could have been extremely dangerous if anybody had been home at the time, and it demonstrates intent to possibly kill. | |||
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| Just because you can, doesn't mean you should |
In any case, not following this in a timely manner will mean that you can berate the weak prosecution and/or sentencing but it isn't going to change anything now. You have to get in front of these situations. I don't blame you for being pissed however. ___________________________ Avoid buying ChiCom/CCP products whenever possible. | |||
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Go Vols! |
Sounds like they offered a deal to plea to a misdemeanor. | |||
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| Member |
Speaking solely from the prosecutorial standpoint - you have every right to be pissed that they did not give you timely updates. And I don't mean some B.S. letter that got "misplaced." I mean a phone call. If I have a home invasion victim that I know wants updates on the case, I am calling them after the court hearings. I cannot stand laziness in this regard. Most people know nothing about the criminal justice system. If the prosecutor is not giving them updates who the hell will? | |||
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| Member |
In Tennessee the District Attorneys are elected.If the prosecutor is not doing a sufficient job work to remove them when their time is up. If you live in a district with a lenient judge there is only so much the prosecutor can do.I would ask some attorneys and Police Officers if there is a problem with the courts in your area and determine if it is the prosecutor,or judge. Then I would contact my elected representatives and ask for stiffer mandatory sentences for repeat offenders. If enough people hound their legislators,changes might come in the future.Things will get out of hand quickly when criminals only get a slap on the wrist. Sorry this happened to you and your family. http://www.tndagc.org/about.php The Tennessee District Attorneys General Conference was created by the General Assembly in 1961 to provide for a more prompt and efficient administration of justice in the courts of this state. It is comprised of the district attorneys general from the state's 31 judicial districts. The district attorneys general are elected for a term of eight years and are responsible for the prosecution of criminal cases on behalf of the state. _________________________ "Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it." Mark Twain | |||
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Member |
There is rarely prison room for non violent property crime criminals. What is your suggestion? Mine are still socially unacceptable. EasyFire [AT] zianet.com ---------------------------------- NRA Certified Pistol Instructor Colorado Concealed Handgun Permit Instructor Nationwide Agent for > US LawShield > https://www.texaslawshield.com...p.php?promo=ondemand CCW Safe > www.ccwsafe.com/CCHPI | |||
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Objectively Reasonable |
In many states (and in the fed system) crime victims actually have a statutory right to be heard at sentencing. If TN is one of those states, in your shoes I'd raise holy Hell with the county prosecutor... not just over the sentencing, but the dropped ball on Victim Impact. | |||
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