FEATURE

The Other Side

of the Story


On an evening of April 2018, Virginia’s SUV collided with a stalled black jeep along a dark stretch of a higher-traffic roadway. After crawling out of her vehicle, she ran to the other vehicle to provide support; soon after the paramedics arrived, she learned the others badly injured and would need- along with her- hospital care. Although her team is grateful of each parties full recovery, there have been outstanding consequences stemming from that night that will alter her life forever.

The reason over 3-years ago is important is because Virginia and her family have been suffering all of that time, over 10% of Virginia’s life, with the court compliance and horrible anticipatory anxiety that created the total reality of imprisonment. Why? This is because Virginia could be deemed a criminal and be sentenced to a mandatory minimum of 2-years in prison, not the place for a vulnerable, nice-looking, 101-pound person with disabilities and COVID concerns.

Mandatory minimum sentencing masks the Judge’s ability to consider all other facts and circumstances.

Similarly masking, is Virginia’s bleeding face shown on the internet is not from the accident, a concussion and shock yes, but that bleeding was from an unhinged police man stepping on her neck.

Someone might say that the postponement of trial is Virginia’s fault, but that is not true because it was virtually impossible to retain a competent attorney due to the likely looming of a mandatory minimum sentence.

Further, Virginia is a fragile person struggling to overcome her learning differences haunted her throughout her life, she needed a reasonable chance to gather herself so as to relate to counsel and properly plead her case.

Most understand that the unintended consequences of mandatory sentencing, corrupts the judicial process because a Judge’s sentencing powers are replaced by a career paid prosecutor who wields unchecked absolute power over an accused. The outcome of the minimum  sentence advances a prosecutor’s career and political notice, while it creates criminals out of the defendants.

[…] A Judge, who otherwise could consider all the circumstances, is disabled.  Because a prosecutor can threaten even more years, unjustly, an accused person will take a plea to accept the minimum sentence out of duress. After almost 1,200 days of fear of being arrested, loss of her life from age 33 through 35, anxiety, to which no one can relate, and blowing into a breathalyzer more than twice a day, to be in compliance with her charge, Virginia has already served a greater punishment than those same years in prison before she has even been found guilty.

Any of us could have been in that accident, which should have been prevented, had the driver of the blacked-out black jeep repaired that Jeep’s known electrical failure.  This was the 3rd time in two weeks that the driver had been in such a compromising situation.  Unfortunately, the driver was grossly negligent and instead of addressing the risk, drove around until her vehicle failed again and again this time causing persons to be hurt in a collision. None of the insurance companies found Virginia to be at fault in the unavoidable accident.

Contact

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NV 89501
press@virginiacouch.com