Probation or Jail time?

[lilly]

I have an ex bf who was giving me and my family trouble late last year. Just recently, we were able to get evidence for his crimes and now hes going to trial. This is a 2 part question btw. He has 3 counts of communicating threats and 1 count stalking. The communicating threats were multiple packages sent to our house with dead baby dolls parts (I recently had a miscarriage), fake guns, letters with fake blood and saying I had like 72 hours to live, fake bloody ears and fingers, saying thats all the police will be able to find....etc...need I say more? The stalking was through myspace under a different alias, I was able to trace the IP.

First question, whats the chances of getting jail time over probation?

Second question, why would he deny a deal made by the D.A if he knows hes guilty? Is he just stupid? I mean, we have evidence and it was made quite clear to him. Evidence meaning witnesses from the post office.

Thanks for taking the time to read.
The D.A told me that we have a VERY good chance at winning....but probation just seems so pointless.

 

[Stephanie]

He's denying the deal because he thinks he'll get away with it, or he doesn't think he did anything wrong. Either way, he's stupid. You should actually be happy he didn't take the deal, since you say there's so much evidence. Deals mean less punishment.

If the DA thinks they have a very good chance at winning, probation is kind of unlikely. Easy sentences are mostly obtained when the DA wants the criminal to have some sort of punishment but they don't think they'll get the punishment they deserve (like, they want to give him 5 years but don't have enough evidence, but they'll convince the guy to plead guilty and get 2 years).

Usually in cases like these, if there are multiple offenses/violent threats/etc., they'll get a fine and a restraining order. They may even get a few months in jail if a weapon was used.

If he has been arrested before, jail time is more likely. If he goes for mental illness they may put him in a hospital.

What'll probably happen is he'll get a restraining order filed against him. If he's threatened your children or other family members, get ones for them too. Make sure you keep it updated because they do expire. Also warn your friends/family/co-workers about him, because he might come around them to get to you. Just tell them you have a restraining order against him (you'd rather not get into why), and that if he's seen to call the police. (Note though, that he actually has to violate the terms of the order, ie., 50 yards from your place of business or residence).

Good luck, I hope things work out. Change your locks, get an alarm system. Always be aware of your surroundings.