For those of you that remember the lovely Shik this may be of interest....He has had a sentence modification hearing go in his favour...his sentence had been reduced by 6 months to 1 year. This means he will be out at the end of the first week in April. He isn't sure of the exact date until the calculations come in. So far so good.
The second part is a request he has asked me to post. His probationary period is 2 years. It is a condition of his probation that he does not use the internet in this time. So to clarify..thats no Internet at all for 2 years. He is understandably miffed by this and would like to challenge this clause of his probation once he is out. Does anyone know of the legality of this kind of order? Is it used a lot, do you know if it has been successfully challenged and if so under what grounds. I can only imagine that it would make applying for any office work at all impossible as so much office work involves research online or at the very least email. Anyway any help would be gratefully received! I know plenty of people who could help me if this were British law. I have a couple of solicitor friends, but this is not useful because he is in the USA. I look forward to hearing from you all!! Clare X
Posted by Wraith (Member # 779) on :
Good news about the sentence modification!
I don't know about the law, but it might be worth (if you can't find any US precendants) asking your UK lawyer friends. In the UK law from Commonwealth countries and the US is sometimes regarded as persuasive precendant. The situation may be the same in the US (although I don't know for sure).
Wish him good luck!
Posted by AndrewR (Member # 44) on :
Wow, well the first part is good news. That is true that job-wise not using the net will be hard.
How has he been holding up in there?
Posted by MaGiC (Member # 59) on :
He seems was well as can be expected. His last note was a bit guarded, but I suspect that's because he hadn't heard from me in a while. (My last package was returned to me so it must have looked like I stopped writing for some reason). He has been writing a good deal and reading pretty much everything he can get his hands on. he has a job in the laundry at the moment which he seems to be enjoying. Better than being on his own I guess.
Posted by akb1979 (Member # 557) on :
The place hasn't been the same without silly old Shik - and now we're gonna have to wait two years for his return!?!! Bummer! I can only just cope with a two week absence from the Net on my family holiday, but two years! OUCH! Oh well, that'll teach him not to do again what he did.
Laundry you say? I have some that could do with being cleaned - could I airmail it to him? Posted by Jay the Obscure (Member # 19) on :
Remind me what the charges were again?
Posted by Jason Abbadon (Member # 882) on :
I miss Shikkie too!
Good to see you around as well MaGiC.
If it was established that Shik met, or coresponded with te girl in question via internet then there's no chance he'll be allowed to use the internet. Recall that Shik pleaded "no contest" and that his current status is "sexual predator". While we all know Shik made a mistake getting mixed up with this girl, the sexual predator laws are there to ensure pedophiles (not talking about Shik here) dont get out and find braindead AOL teens to prey on.
So there's not much hope unless he can enroll in classes once he's out and prove he needs the internet for school. Possible, considering Shik's bound by probation to stay within a certain area: mabye he could petition to use the internet based onenrolling in Phionex University or some other online acredited school.
MaGiC, please pass along my good thoughts (as I never got around to making up a letter).
Posted by Dat (Member # 302) on :
The charge IIRC was sex with a minor, even though she consented. Her parents found out that she was even going with him. Do I recall correct that her parents found out through a sex toy that was bought?
Posted by MaGiC (Member # 59) on :
I don't know how they found out....I don't think that there was any great effort to keep their relationship a secret from the parentals...but maybe I am misremembering.
Jason, are you doing anything between the 5th and the 10th May?
Posted by Jay the Obscure (Member # 19) on :
Well, according to my lawyer, a judge can put any stipulation on such sentence modification he or she wants. Shik can, of course, have his lawyer challenge it in court, but judges do pretty much what they want to do.
Posted by Jason Abbadon (Member # 882) on :
Lousy Judges! Who are they to judge Shik anyway?!?
...oh wait.
Posted by TheWoozle (Member # 929) on :
I wonder how that 'no internet' ruling would relate to telephone on-the-net service and email? He needs Bill Clinton to challenge the judge's definition of 'Internet'. Since Windows has Internet Explorer embeded into it, would he be in violation if Windows or an anti-virus program updates itself?
Posted by Jason Abbadon (Member # 882) on :
SInce "No Internet" means just that, he wouldnt have access to updates (or the vital need to plug security holes).
Posted by TSN (Member # 31) on :
Of course, if he's not on the Internet, there's no need to plug security holes, anyway.
Posted by AndrewR (Member # 44) on :
I don't know... viruses are tricky things
(for TSN ----> <----)
Posted by TSN (Member # 31) on :
Thanks, but I already have one.
Posted by Jason Abbadon (Member # 882) on :
V.D.?
Posted by TSN (Member # 31) on :
Not that I know of, but I haven't been tested.
Posted by Jason Abbadon (Member # 882) on :
NOthing feels better than getting that "clean bill of health" from you doctor.
I got checked out for everything inherited, transmitted or stumbled onto and it's all negative.
Always nice to know.
Not that this has anything to do with Shik.
Posted by Cartman (Member # 256) on :
Now if only your psychiatrist could have been that optimistic... B)
Posted by AndrewR (Member # 44) on :
quote:Originally posted by Jason Abbadon: NOthing feels better than getting that "clean bill of health" from you doctor.
I got checked out for everything inherited, transmitted or stumbled onto and it's all negative.
Inherited? So you'll have a nice full head of hair well into your 130's? Posted by Jason Abbadon (Member # 882) on :
Hair? I've been shaving my head since I was 22! I feel dirty if I've even got stubble up there now...
My family has some diabetes history (and it's a baaad way to die) so I wanted to get checked out (along with all the STD tests and such).
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Bummer! I can only just cope with a two week absence from the Net on my family holiday, but two years! OUCH! ![[Frown]](frown.gif)
Oh well, that'll teach him not to do again what he did.![[Big Grin]](biggrin.gif)
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