A question on a legal issue...

[Oni Koneko Damien]

I have no idea where to put this, so if it fits better somewhere else, by all means move it.

I have a friend who accidently committed a felony. Back in November, her mother had sent her an absentee ballot so that she could vote in the congressional elections. She filled it out, mailed it in, and forgot about it.

A few days later, she was called up by a few friends who were going to the polls to vote, and wondering if she wanted to go along. Forgetting about the absentee ballot, she said sure, went with them, registered, and voted.

About a week and a half ago, she got a call from the municiple police-department in that area, they wanted to speak with her. She goes down there, and finds out that she's being charged with voter fraud, a felony.

Now, obviously there's no way she's going to be found innocent on this. So, my question is kind of twofold. One, does anyone know what the fines/sentences in Wisconsin are for this sort of thing? And two, how should she conduct herself/plead when it comes to court, for a possibly reduced sentence?

Will the legal system be more lenient if they can be shown that it was an honest, stupid mistake on her part, and no harm was intended (or even done, I'm pretty sure the vote was disqualified when they found a duplicate entered into the system)?

[General Zod]

She might be able to make a pleabargain with the prosecutor to get the charges drummed down. But this is really something a lawyer and not some internet messageboard should answer.

[Darth Servo]

I'd say to tell your firend to just be completely honest with the authorities. Explain what happened and that it was a simple mistake. Your friend may get lucky and get the charges dropped, considering it was just one extra ballot and not hundreds or thousands.

[Oni Koneko Damien]

I'd say to tell your firend to just be completely honest with the authorities. Explain what happened and that it was a simple mistake. Your friend may get lucky and get the charges dropped, considering it was just one extra ballot and not hundreds or thousands.

Yeah, that was what I was thinking as the best course of action.

She's on her last year of college before moving to grad-school, and panicking over the thought of having a felony conviction on her record.

[Covenant]

Does she still have the unsent ballot? Bringing that in could be helpful.

[Magus]

Does she still have the unsent ballot? Bringing that in could be helpful.

But unfortunately impossible.

She filled it out, mailed it in, and forgot about it.

[Stofsk]

I'd say to tell your firend to just be completely honest with the authorities. Explain what happened and that it was a simple mistake. Your friend may get lucky and get the charges dropped, considering it was just one extra ballot and not hundreds or thousands.

Yeah right. The authorities are kind and merciful and will drop the charges, you just have to ask them nicely. That's why the cop pressed the charges after asking her to come down and explain herself.

Oni, assuming you want real advice, tell her to get a lawyer.

One, does anyone know what the fines/sentences in Wisconsin are for this sort of thing?

Ask a lawyer.

And two, how should she conduct herself/plead when it comes to court, for a possibly reduced sentence?

...

Now she really needs a lawyer. Beyond appearing earnest in front of the judge, what else could we possibly advise? It's as simple as that. Be sincere and earnest and hope the Judge can recognise that.

Will the legal system be more lenient if they can be shown that it was an honest, stupid mistake on her part, and no harm was intended (or even done, I'm pretty sure the vote was disqualified when they found a duplicate entered into the system)?

It depends: depends on who the prosecutor is, who the judge is, who the defendant is, how they appear, what the jury thinks etc.

[weemadando]

The key question - did she vote Republican or Democrat?

If she voted Republican, then tell Fox News and get the enraged right onside about the left trying to supress the true feelings of the people...

If she voted Democrat, she's screwed. Alberto Gonzales will personally step in to toss her into Guantanamo for treason.

[Stofsk]

If she voted Republican, then tell Fox News and get the enraged right onside about the left trying to supress the true feelings of the people...

Aren't the Republicans tough on crime?

[weemadando]

If she voted Republican, then tell Fox News and get the enraged right onside about the left trying to supress the true feelings of the people...

Aren't the Republicans tough on crime?

Not when the crime is electoral fraud.

[R. U. Serious]

Definitely talk to a lawyer. Never follow common sense advice on legal matters, just don't - unless you really don't care about the outcome.

[Edi]

Lawyer. Yesterday. She's in a real mess and even if the prosecutor and courts are lenient on her, she is going to need all the help she can get to escape with minimal damage.

Edi

[Dargos]

Lawyer now, now, now. A Felony conviction can fuck your friend for life. Don't bet on the good graces of the prosecutor. A conviction is a +1 on their resume!

[Korvan]

For sure she needs to get a lawyer. I found this following link that relates to her situation.

Link

Two things stood out for me, the possible sentence of 3 1/2 years and that proof of intention to commit a crime is required.

Hope things work out for her, though it's likely to cost her a fair bit to properly defend herself.

[GrandMasterTerwynn]

I have no idea where to put this, so if it fits better somewhere else, by all means move it.

I have a friend who accidently committed a felony. Back in November, her mother had sent her an absentee ballot so that she could vote in the congressional elections. She filled it out, mailed it in, and forgot about it.

A few days later, she was called up by a few friends who were going to the polls to vote, and wondering if she wanted to go along. Forgetting about the absentee ballot, she said sure, went with them, registered, and voted.

About a week and a half ago, she got a call from the municiple police-department in that area, they wanted to speak with her. She goes down there, and finds out that she's being charged with voter fraud, a felony.

Now, obviously there's no way she's going to be found innocent on this. So, my question is kind of twofold. One, does anyone know what the fines/sentences in Wisconsin are for this sort of thing? And two, how should she conduct herself/plead when it comes to court, for a possibly reduced sentence?

The answer to this question is pretty much the same sort of answer to anyone looking for a serious consultation to a health issue, legal issue, or anything else requiring professional consultation . . . i.e. your friend needs to speak to a lawyer. The lawyer will be far more conversant about what goes on in the courts in the area than any persons on an interweb BBS are likely to be.

Will the legal system be more lenient if they can be shown that it was an honest, stupid mistake on her part, and no harm was intended (or even done, I'm pretty sure the vote was disqualified when they found a duplicate entered into the system)?

How can it be shown that it was an honest, stupid mistake, though? There is a certain assumption of responsibility regarding how a person chooses to exercise their right to vote. Without concrete evidence demonstrating that she had no real intention of violating the law, it will come down to her word against her voting record. Again, a physical consultation with a lawyer will be better able to provide a legitimate answer to this question.

[Ted C]

1) Lawyer. If someone ever asks if you would like to speak to an attorney, you say YES. If you are accused of any crime that carries more than a fine as a penalty, you get legal assistance. Period.

2) Based on the article Korvan found, she's probably not going to have too much trouble. According to the article, the state requires evidence of intent to prosecute for fraud. If I had to guess, the lawyer will probably advise her to plea-bargain for something that will be just a fine without putting any kind of conviction on her record.

[Ariphaos]

I'm going to sound like a broken record, but, it bears repeating.

Get

A

Lawyer

...her fucking -future- is at stake. $400 for a consultation is nothing compared to the consequences of fucking this up.

[General Zod]

1) Lawyer. If someone ever asks if you would like to speak to an attorney, you say YES. If you are accused of any crime that carries more than a fine as a penalty, you get legal assistance. Period.

2) Based on the article Korvan found, she's probably not going to have too much trouble. According to the article, the state requires evidence of intent to prosecute for fraud. If I had to guess, the lawyer will probably advise her to plea-bargain for something that will be just a fine without putting any kind of conviction on her record.

Unfortunately the police aren't there to help her out. If she's said that she did in fact send in the ballot already, that's all they're really going to need for a solid conviction. She'll have to work damned hard to convince the prosecutor that it was an honest fuck-up and not anything intentional.