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Old 08-02-2012, 07:46 AM
 
Location: New Jersey
461 posts, read 912,564 times
Reputation: 330

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Quote:
Originally Posted by legalsea View Post
I think the attorney for Joe is exactly right: this type of case would usually result in a period of probation, since it is Joe's first offense. I think Joe is right to reject five years in the State prison and rely on the jury to fix the sentence.

I predict: before the jury is seated a new plea bargain, involving probation, will be agreed upon.
Hopefully it won't be difficult to find an unbiased jury. I'm sure if you got a group of people who watch the show and dislike how he is portrayed on there, they wouldn't be favorable to him.

 
Old 08-02-2012, 08:26 AM
 
501 posts, read 1,476,663 times
Reputation: 655
Quote:
Originally Posted by legalsea View Post
I think the attorney for Joe is exactly right: this type of case would usually result in a period of probation, since it is Joe's first offense. I think Joe is right to reject five years in the State prison and rely on the jury to fix the sentence.

I predict: before the jury is seated a new plea bargain, involving probation, will be agreed upon.
I'm not an expert on Joe Giudice's driving record, but I seem to remember he was arrested for a DUI and driving on a suspended license. I know he spent a week in jail for something though that could be unrelated (perhaps forging his business partners name on legal documents or providing the court with false information on their bankruptcy filing). Time will tell. I just feel sorry for those kids with a father like that.
 
Old 08-02-2012, 08:51 AM
 
13,716 posts, read 9,044,544 times
Reputation: 10454
Quote:
Originally Posted by Rowen View Post
I'm not an expert on Joe Giudice's driving record, but I seem to remember he was arrested for a DUI and driving on a suspended license. I know he spent a week in jail for something though that could be unrelated (perhaps forging his business partners name on legal documents or providing the court with false information on their bankruptcy filing). Time will tell. I just feel sorry for those kids with a father like that.
I was, of course, going by his attorney's statement that Joe has no prior convictions.

It may well be, as it is here in Texas, that if one refuses the breath test for suspected DWI then your license is automatically suspended for (I think) 90 days.

Regardless, I know I have seen a lot of criminal cases, much worse than what Joe is charged with, in which the criminal gets probation for first time offense. Indeed, years ago I was in a courtroom (waiting to represent some idiot) and witnessed a person plead guilty to manslaughter and get probation (ten years). Even the judge was uneasy (the man had been charged with murder, but the DA offered the plea of manslaughter plus probation) but approved it (to my disgust; judges may reject plea bargains). It was, however, a small town and the 'good ol' boy' system was working as designed (I think part of it was "the somabitch had it coming to him" defense).

Anyway, I am no fan of Joe, although I do find him entertaining, but I do think he is being made 'an example of' due to his 'fame' (if fame it be). Again, with the crowded docket which New Jersey probably has (I see no reason why they are different from the rest of the country) the presiding judge may well call the DA into his or her office and tell them "give Joe probation" (this happens more than you would imagine).
 
Old 08-02-2012, 09:44 AM
 
501 posts, read 1,476,663 times
Reputation: 655
Quote:
Originally Posted by legalsea View Post
I was, of course, going by his attorney's statement that Joe has no prior convictions.

It may well be, as it is here in Texas, that if one refuses the breath test for suspected DWI then your license is automatically suspended for (I think) 90 days.

Regardless, I know I have seen a lot of criminal cases, much worse than what Joe is charged with, in which the criminal gets probation for first time offense. Indeed, years ago I was in a courtroom (waiting to represent some idiot) and witnessed a person plead guilty to manslaughter and get probation (ten years). Even the judge was uneasy (the man had been charged with murder, but the DA offered the plea of manslaughter plus probation) but approved it (to my disgust; judges may reject plea bargains). It was, however, a small town and the 'good ol' boy' system was working as designed (I think part of it was "the somabitch had it coming to him" defense).

Anyway, I am no fan of Joe, although I do find him entertaining, but I do think he is being made 'an example of' due to his 'fame' (if fame it be). Again, with the crowded docket which New Jersey probably has (I see no reason why they are different from the rest of the country) the presiding judge may well call the DA into his or her office and tell them "give Joe probation" (this happens more than you would imagine).
That was an informative post. Joe could very well get off with just probation IF this is his first offense or for the sentence I highlighted. Just substitute "New Jersey" for "a small town" and the "good ol' boy system" with "connections" and he could skate. It is appalling that judge did not reject the manslaughter plea bargain in the example you sited.

NJ has a very crowded docket so he may very well get off with just probabtion and/or fine.
 
Old 08-02-2012, 04:44 PM
 
6,790 posts, read 8,210,616 times
Reputation: 7000
Quote:
Originally Posted by Rowen View Post
I'm not an expert on Joe Giudice's driving record, but I seem to remember he was arrested for a DUI and driving on a suspended license. I know he spent a week in jail for something though that could be unrelated (perhaps forging his business partners name on legal documents or providing the court with false information on their bankruptcy filing). Time will tell. I just feel sorry for those kids with a father like that.
He wasn't just driving on a suspended license, after his license was suspended, he used his brother's (I think it was his brother) information to fraudulently obtain a driver's license.
 
Old 08-03-2012, 03:25 AM
 
Location: Pennsylvania
1,658 posts, read 2,780,587 times
Reputation: 2441
Did Joe Guidice just get caught talking to the mistress on the celly??!!! He was complaining about his "b*tch wife"!
 
Old 08-03-2012, 04:16 AM
 
Location: southern born and southern bred
12,477 posts, read 17,821,663 times
Reputation: 19597
Quote:
Originally Posted by Ticatica View Post
Did Joe Guidice just get caught talking to the mistress on the celly??!!! He was complaining about his "b*tch wife"!

huh? when? what episode???
 
Old 08-03-2012, 07:20 AM
 
Location: The Conterminous United States
22,584 posts, read 54,377,168 times
Reputation: 13615
Quote:
Originally Posted by detshen View Post
He wasn't just driving on a suspended license, after his license was suspended, he used his brother's (I think it was his brother) information to fraudulently obtain a driver's license.
Exactly. So this is NOT his first offense. His license was suspended and then he committed fraud.

Good job on his lawyer for creating this positive spin in the press.

And regarding a high profile case like this, they almost always make an example of them because all eyes are watching. The chances of a judge calling in the DA and saying, "Just give him probation" is pretty slim. But this cannot be his first offense. He lost his license to begin with, although it could be an administrative suspension. He is not squeaky clean like his lawyer is claiming, though.
 
Old 08-03-2012, 08:39 AM
 
4,526 posts, read 6,097,642 times
Reputation: 3983
Quote:
Originally Posted by Rowen View Post
I'm not an expert on Joe Giudice's driving record, but I seem to remember he was arrested for a DUI and driving on a suspended license. I know he spent a week in jail for something though that could be unrelated (perhaps forging his business partners name on legal documents or providing the court with false information on their bankruptcy filing). Time will tell. I just feel sorry for those kids with a father like that.

i feel sorry for the kids and theresa---it's hard for an italian wife to get out of a marriage with an abusive man---first she has to realize how hurtful he is to her and the kids
 
Old 08-03-2012, 09:08 AM
 
10,212 posts, read 11,193,431 times
Reputation: 20978
Quote:
Originally Posted by auntieannie68 View Post
i feel sorry for the kids and theresa---it's hard for an italian wife to get out of a marriage with an abusive man---first she has to realize how hurtful he is to her and the kids
It's hard for any WOMAN to get out of an abusive marriage. What's Italian got to do with it

I feel nothing for Teresa.. Her Kids yes, because they got 2 f'd up parents...
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