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Man Who Kidnapped & Assaulted Me Was Found Guilty Of Violating My Dv Fro. He Just Pled Guilty To Abuse Charges In Another Case, In What Looks To Be A Plea Deal. Is The Judge Required To Go Along With The Terms Of The Deal? Will His Prior Dv-related Conviction Be Considered In Sentencing?

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This week, I found out that the man who kidnapped and sexually assaulted me (and saw justice for none of that) pled guilty to a crime he committed against someone else.

He was initially charged with two counts of sexual assault and two of Endangering welfare of children in the summer of 2017. (Yes, that case has dragged on a while.) I believe within a few months of this, he was charged with violating a protective order. On Monday, he pled guilty to one count of Endangering Welfare of Children. All other charges seem to have been dropped. I am assuming this is some sort of plea deal.

We don't really do bail in my state, so a lot of non-violent offenders are on pre-trial release. Somehow, he is, too. I guess he is "non-violent enough."

I found out two days ago that he is free until his sentencing in April.

If the remaining charge is Endangering Welfare of Children in the 2nd degree, I believe there is a presumption of jail time. If it's a 3rd degree crime, there is not necessarily jail time, especially if it is a first offense. I'm not sure which is the case and did not think to ask the court. I don't know how plea deals work. Does the judge always have to accept them? I wish the judge knew what a danger he was. I know he has been abusive to a number of other women, although I do not think they rose to the level of what happened to me or the victim in the current case. Because I am not the victim in this case, I am not privy to the details of the plea deal.

Thanks to me, it's not his first offense; he was found guilty of violating a DV restraining order. That increases the likelihood that he will see jail time, I suppose. (I was able to get Final Restraining Order against him, which is not the easiest task in my state.) It also increases the likelihood that he will blame me for the outcome; he has said as much to me.

I have shared with the police numerous other times he has violated my restraining order, been physically violent towards me, recorded me naked without my consent, etc. No action was taken for any of these crimes. He has threatened some pretty violent things should he ever face jail again, and honestly, guys, I'm kind of scared... for myself and my animals.

And if he does not face jail time, I am afraid it will only feed him feeling he is even more invincible, and he will... use that.

My original post was removed for containing unanswerable questions. I think I have very answerable questions, though I may not have worded them well, and some may have been "implied questions." Let me restate them more clearly:

  • Is my understanding of 2nd/3rd degree Endangering Welfare of Children accurate?
  • Is there a chance my abuser may not see jail time?
  • Do judges consider a defendant's behavior in other similar cases when deciding a sentence for a case like this?
  • Must the judge go along with whatever was decided in the plea deal?
  • Is there anything else I can do, since I am a victim he has been found guilty of abusing, but not the victim of the current case?
  • Is there anything else I can do to stay safe?

I hope these questions are clear and "answerable" - I have seen folks here give a lot of valuable advice and I would appreciate getting to receive some.

Just re-read the rules for this reddit and I see I am encouraged to post my location, which I was previously vague about: this is all in New Jersey.

submitted by /u/Harmony-Farms
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