Other Criminal Procedure Mediation when not ALLOWED.

[BBrown59101]

Jurisdiction

Montana

I was charged with Aggravated Kidnapping by Accountability or in the alternative Aggravated Kidnapping by Accountability until I was put through mediation and was pressured into taking a plea deal. Basically I was told that if I didn't take the deal and went to trial that I would be going to prison. I don't that would be the case because I did not commit this crime and the whole case is based on the lies of this young woman that was slinging dope and had lost her kid because of it and has a long history of lying. I was reading the laws on mediation in the Montana Code Book and it states that mediation is not allowed if you are charged with what I was charged with. So it should have never happened. What would be the best way to handle this?

 

[army judge]

What would be the best way to handle this?

You can talk to a few defense attorneys in your county.

Read your paperwork.
You signed a plea deal.
The judge admonished you before accepting your deal.
You were warned.
You proceeded to accept the deal.
There's no way for you to appeal a plea deal.

 

[zddoodah]

I was charged with Aggravated Kidnapping by Accountability or in the alternative Aggravated Kidnapping by Accountability

Ummm...what does it mean to be charged "in the alternative" with the exact same thing?

Basically I was told that if I didn't take the deal and went to trial that I would be going to prison.

That's basically how plea bargaining works. You agree to plead guilty and accept a particular punishment in order to avoid going to trial and possibly getting a worse punishment. In doing so, you also give up the possibility of being acquitted at trial.

I don't that would be the case because I did not commit this crime and the whole case is based on the lies of this young woman that was slinging dope and had lost her kid because of it and has a long history of lying.

Then why did you agree to the plea bargain?

I was reading the laws on mediation in the Montana Code Book and it states that mediation is not allowed if you are charged with what I was charged with.

Which specific law would that be?

What would be the best way to handle this?

Talk to your lawyer.

 

[BBrown59101]

Ummm...what does it mean to be charged "in the alternative" with the exact same thing?

I didn't quite understand this either. But when I rejected a plea offer from the state they added a second count of Aggravated Kidnapping by Accountability so my attorney filed a motion to dismiss based on double jeopardy and they answered back with this "in the alternative" written in before the second Aggravated Kidnapping by Accountability charge.


That's basically how plea bargaining works. You agree to plead guilty and accept a particular punishment in order to avoid going to trial and possibly getting a worse punishment. In doing so, you also give up the possibility of being acquitted at trial.



Then why did you agree to the plea bargain?

I took an Alfred Plea because I was in a room and had everybody telling me that if I went to trial there is no way I would win my case and this is the only choice I have.

Which specific law would that be?
MCA 46-1-502


Talk to your lawyer.

I have and he don't want to do anything about it. I have court in 1 week and I have to figure something out ASAP.

 

[zddoodah]

And again...

I was reading the laws on mediation in the Montana Code Book and it states that mediation is not allowed if you are charged with what I was charged with.

Which specific law would that be?

 

[BBrown59101]

MCA 46-1-502

Montana Code Annotated 2019
TITLE 46. CRIMINAL PROCEDURE
CHAPTER 1. GENERAL PROVISIONS
Part 5. Mediation of Criminal Proceedings
Mediation

46-1-502. Mediation. (1) At any time after the commencement of a prosecution and before the verdict, the court may, at its suggestion or upon motion of a party and with the consent of all the parties, refer the proceeding to mediation by a mediator chosen by the court.

(2) The proceeding may not be referred for mediation if the offense charged is:

(a) deliberate homicide, as described in 45-5-102;

(b) mitigated deliberate homicide, as described in 45-5-103;

(c) intimidation, as described in 45-5-203;

(d) partner or family member assault, as described in 45-5-206;

(e) assault on a minor, as described in 45-5-212;

(f) strangulation of a partner or family member, as described in 45-5-215;

(g) stalking, as described in 45-5-220;

(h) aggravated kidnapping, as described in 45-5-303;

(i) a sex crime, as described in 45-5-502, 45-5-503, 45-5-504, or 45-5-507;

(j) endangering the welfare of children, as described in 45-5-622;

(k) sexual abuse of children, as described in 45-5-625; or

(l) ritual abuse of a minor, as described in 45-5-627.

(3) Any aspect of or issue in the proceeding may be the subject of the mediation, including but not limited to the charge, a plea bargain, or a recommended sentence.

(4) At any point during mediation, a party may withdraw from the mediation without penalty or sanction.

(5) This section does not prohibit the parties from engaging in traditional plea negotiations.

 

[Zigner]

I was charged with Aggravated Kidnapping by Accountability ...

What is "Aggravated Kidnapping by Accountability"? I don't see that listed in 45-5-303.

What exact code section were you accused of violating?

Ok, looking further in to this: If you were charged with Aggravated Kidnapping "by Accountability", then it may mean that you weren't actually charged with 45-5.303 (see 45-2-301).

 

[zddoodah]

Here's the other question I asked that you didn't answer:

I was charged with Aggravated Kidnapping by Accountability or in the alternative Aggravated Kidnapping by Accountability

Ummm...what does it mean to be charged "in the alternative" with the exact same thing?

Please answer that question.

Please also explain what "aggravated kidnapping by accountability" means.

Here's a link to the aggravated kidnapping law. Nowhere in there does it say anything about "accountability."

 

[Zigner]

Here's the other question I asked that you didn't answer:



Please answer that question.

Please also explain what "aggravated kidnapping by accountability" means.

Here's a link to the aggravated kidnapping law. Nowhere in there does it say anything about "accountability."

I found accountability addressed in 45-2-301...

 

[Tax Counsel]

I was reading the laws on mediation in the Montana Code Book and it states that mediation is not allowed if you are charged with what I was charged with. So it should have never happened. What would be the best way to handle this?

It's not clear that you can do anything about it now. Your federal constitutional rights were not infringed by referring the matter to mediation, and it does not appear that your state constitutional rights were infringed either. So if, in fact, you went to mediation on a charge that the statute says mediation is not allowed, the question is whether there is any remedy for you as a result. The problem for you is that I do not see any harm to you in allowing the case to go to mediation. If anything, the mediation provision is likely a defendant favorable procedure. You took a deal that at the time seemed favorable to you and now have buyer's remorse, as it were. That happens a lot when the punishment the defendant has to serve sinks in and the defendant gets the notion that he/she could have avoided that had he or she gone trial. Unfortunately for most of them, those hopes are unrealistic, which is why the deal they struck is often the best they could do, like it or not. In any event, undoing this based on the mediation provision won't be easy. There are no Montana cases dealing with this issue, so you'd be breaking new legal ground in raising this issue. And there is no guarantee the courts would rule in your favor. Bear in mind if you win, you still end up facing a trial on the charges if the prosecutor wants to go forward on that.

 

[BBrown59101]

I found accountability addressed in 45-2-301...

Ok Zigner what are you getting at?

 

[BBrown59101]

Tax Counsel I do not have "buyer's remorse". I did not take a deal because it seemed favorable to me, I was told that if I didn't take the deal that I would end up in prison so I took an Alfred Plea and never admitted guilt. I am just trying to prove my innocence and unfortunately I am caught up in a case that is based on lies in a system that thinks its above the law and can do whatever it wants. The laws on mediation are black and white and like any other law it should be followed. This is a major problem with our justice system, the laws are there and when we break them we find ourselves in a system that thinks it can and is unfortunately allowed to operate outside of the law because no one wants to take a stand against them. Laws are there to maintain order and if it goes on that laws are allowed to broken with no consequences then you will have corruption and chaos.

 

[Zigner]

Ok Zigner what are you getting at?

I'll answer yours if you answer mine.

 

[BBrown59101]

What is your question?

 

[Zigner]

What is your question?

Mediation when not ALLOWED.
What exact code section were you charged with violating?

In light of additional posting, particularly by Tax Counsel (and the other attorneys that posted), I can tell that the point I was working towards is moot. The law you are referring to is meant to prevent defendants being allowed mediation for serious crimes. You were actually given a break by being allowed mediation.

Even though this is all academic, I'm still curious - what code section were you charged with violating?

 

[BBrown59101]

Zigner I was not given a break, I had maintained my innocence all through this process and had rejected every offer that they had given me because I wanted to go to trial given that this is based on the lies of a girl dealing drugs that is trying to save herself from trouble by making it out that she is the victim and I clearly feel I could prove this at trial. So I feel that they did the mediation to pressure me more into taking a deal. So I don't feel that doing mediation favored me at all. And the code that I am charged with violating is MCA 45-5-303.

 

[army judge]

METH drives people to the brink of insanity and often beyond into the realm of violent criminal behavior.

I wonder:

Report of kidnapping, torture leads to arrest for high-speed chase

Dots often get connected:

Kayla Lucille Hawley is facing a felony charge for aggravated kidnapping (accountability) while Doney faces three charges for aggravated kidnapping, obstructing a peace officer, and escape.

The charges stem from an alleged kidnapping and assault on Christmas Day involving Guadalupe Galicia Sr., the man connected to Brook-Lyn ArrowTopKnot's disappearance late last year.

Court documents state Galicia and ArrowTopKnot came to Great Falls on December 25, 2018 and were joined by Doney. The three picked up another woman, referred to as Jane Doe, who they believed had stolen $800 from Galicia and ArrowTopKnot.

Two more people facing charges in Christmas kidnapping case

All of that allowed this to be discovered:

Rape suspect is second man charged in woman's kidnapping, torture

Hot, Hot, Hot...Dot Dot Dot...

A Billings man has been charged with kidnapping, raping and assaulting a woman, after a botched drug deal prompted the man's boss to torture her and order her held so he could later kill her.

Dustin Lee Legare, 23, was charged in justice court on Tuesday with kidnapping and sexual intercourse without consent, both felonies, and misdemeanor assault. Justice of the Peace Jeanne Walker set bond at $50,000 and required GPS monitoring should Legare be released.

Legare is accused of acting under the directive of his boss, Charles Arleigh Green, in the February 2017 incident. Another man, Charles Lashley, is named in court documents as Legare's other boss and the owner of the garage where the woman was held and tortured for an estimated 14 hours.

Green and Lashley arranged for the woman to buy them meth and gave her $900, but the seller whom Green and Lashley had picked took the money and left, charges state.

Green then kidnapped the woman, with the help of Legare and Lashley, threatened to kill her and her family, forced her to take meth in an attempt to prevent her escape and used a stun gun to shock her multiple times, court records state.

Legare's role, according to charges, was to drive the woman around the next day and try to find ways to come up with $900 to pay back Green for the money the drug dealer stole. While driving around, Legare sexually assaulted the woman and threatened her with a knife, charges state.

The ordeal took place in Yellowstone County over two days, from Feb. 23 to Feb. 25, 2017.

Green is being held in the Yellowstone County jail on bond of more than $1 million and has other cases, including one with 26 felony counts, pending.

Lashley was arrested Tuesday night by the Montana Violent Offender Task Force on anticipated charges of aggravated kidnapping, intimidation and two counts of assault with a weapon. He was arrested without incident at 2019 Eighth Ave. N., according to a press release from the U.S. Marshals Service.

Lashley appeared in Yellowstone County Justice Court on Wednesday after posting $75,000 bond early Wednesday morning. Lashley faces felony counts of aggravated kidnapping by accountability, intimidation, criminal drug possession and two counts of assault with a weapon by accountability.



Rape suspect is second man charged in woman's kidnapping, torture


Man suspected of torturing girlfriend now accused of kidnapping second woman after botched drug deal

 

[army judge]

I wanted to go to trial given that this is based on the lies of a girl dealing drugs

Court and news accounts allege otherwise, that she was given money to bUy drugs for others.

The woman allegedly absconded with $900 given to her to buy drugs.

The woman, it is alleged, was tortured for 14 hours in a garage ALLEGEDLY owned by Charles Lashley.

ALL people in the USA have the right to remain silent.

If you are a criminal suspect, more importantly a criminal defendant, that right is even more important.

If you are charged with any crime, you do yourself no favor by trolling the internet seeking answers to questions that your attorney is unable to answer.

The moment you began your descent into criminal deviancy, you should endeavor to keep your YAPPER closed.

The moment you began to dabble with illegal drugs is the moment you began to dance with the devil.

The devil never follows.

The devil only leads you to your doom.

All one ever needs to do is obey the ordinances, rules, and laws that will allow one to remain a free person.

You might have started this mess, but you've allowed a prosecutor to determine the rest of your former FREE life.

Prison is no joke.

 

[zddoodah]

We're now over 15 posts into this thread, and I'm not sure what it is that you're seeking to accomplish. You agreed to a plea bargain. That it happened in the context of a mediation that maybe never should have happened seems neither here nor there.

In post #4 in this thread, you told us that you "have court in 1 week" (for some unstated purpose) "and [that you] have to figure something out ASAP." What is it that you "have to figure . . . out" since, as you told us, you "do not have 'buyer's remorse'"?

 

[Tax Counsel]

So I feel that they did the mediation to pressure me more into taking a deal. So I don't feel that doing mediation favored me at all. And the code that I am charged with violating is MCA 45-5-303.

The DA would have applied the same pressure outside of mediation, and you would not have had the benefit of a mediator there. The DA would have told you the same thing in the plea negotiation — that if you didn't take a deal and got convicted at trial you'd end up doing a long stretch in prison. Given that, I suspect even if your case had not gone to mediation you'd have ended up taking a similar deal. The mediation is there, I think, to help the defendant, not the prosecutor. As a result, I don't see where the mediation hurt you in all this. And if the mediation did not hurt you there is no need for a remedy. I get that you would like to this to be your path to get the charges overturned, but I think that's unlikely. Still, you are free to hire an attorney and try. Since you'll be breaking new ground you'll want a very good criminal appellate attorney to argue this for you to have a shot here. And again, even if you win, the DA can still go back and have you tried on the charges, in which case you'd face the same prospect of prison if convicted.