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BM probably going to have to do jail time

Mrs Katch 22's picture

BM just got charged GUILTY for an accessory after the fact (penal code 32 in California). Her sentencing is about a month. I have no idea of what kind of sentence she'll have, but I'm assuming maybe a year or more in state prison. Anyone know anyone that was convicted guilty of an accessory after the fact? It was a murder case and the guy who shot the gun was guilty with special circumstances. BM was the driver...she dropped him off at his house after the shooting. They both left a night club, the guy was drunk, and stupid a$$ him shot a bullet out of her truck and killed a 22 year old.

We know her side of the family will fight for custody of SD. Child support said that once BM's in jail, DH would have to file for sole physical/legal custody and support would cease....then, if the family wants to keep SD at their house, DH should do a verbal agreement to let her stay there...to keep her with her constant environment while going through the loss of her mom to prison.

A friend recommended that he does this, then when the court date happens, BM will be in prison. Do you think he'd need a lawyer for this?

What do you guys think?

Comments

TheSaneOne's picture

depends on your state - if he lets the child stay with the family and not fight for custody of her he will NEVER get it - now is your chance. Get the child out of that kind of situation - being conviceted of a crime that assists with the violence or loss of life is immediate gounds for termination of rights. I would get an atty asap and file for custody now - not during sentencing. PM me with any questions - I can get the case law for you and see what you could do without atty and maybe getting one appointed through a father's rights group in your area. If I dont respond asap - we are leaving today to make the drive to pick up my skids (out of state) so it will be late when I am back on Smile

stronggirl's picture

Get a lawyer that way if SD sees her mothers family, there is limits to when and where and how long. I would leave nothing to chance.....

toomuch's picture

:jawdrop:

Definitely get a lawyer. People have a way of flipping on you. They'll say anything right now.

BM is ...I'm at a loss of words. SD should stay away from her forever (or until she get her head screwed on straight) with occasional visits. What a tradegy -- that SD has to go through all this. My prayers go out to you and your family.

CplStv's picture

If Cali' is anything like NY, Get A Lawyer or Get Screwed...

DO NOT TRUST THE SYSTEM, to do what's Right, AT ALL ! File For Custody NOW, Take Your Regular Visitation and DON't Take The Girl Back. If There is a Pending Custody Hearing, usually whichever Parent Has The Kid when a Dispute arises, Keeps Them, until It's Settled, even here in the Anti-Father Capitol of the World.

Consult an Atty. especially if You have a Fathers Rights Group in Your Area that You can call for a reccomendation, to CYOA, But DO NOT WAIT, Get The Paperwork Started NOW !

Steve
Kids are the Best and Worst Things We can do to Ourselves. When We have nothing else worth living for, We'll go on, for Them, but Oh How We Miss Our Freedom...LOL

ColorMeGone2's picture

Now is probably the best shot you'll ever have. Should be a slam dunk, if you have good representation.

♥ Georgia ♥

"Good men don't just happen. They have to be created by us women." (from ROSEANNE)

Mrs Katch 22's picture

what if her sentencing doesn't include jail time? usually for her crime, it's no time (work instead of jail) or a couple of years. wouldn't make sense to do anything until we're CERTAIN that she's going to be sentenced to jail?

just wanted to get everything lined up in case she goes away...

i found a lawyer that knows about criminal and family law...so if she goes away, we'll use him. thank you for your responses!

i've never really seen/heard much about a father's rights groups in my area, what's the significance? well, i know what the group represents, but how do they usually help?

TheSaneOne's picture

http://fathersrightsgroup.org/

This is for California - get an idea of what they do.

I would be leary of an atty who specializes in criminal and family - if you take this to court you want an atty focused in family law - he can get the help from a criminal atty - too many times attys handle everything instead of focusing one thing. I would see what the top attys in your area are as well as ask for a referral from the father's right group.