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[Gregory]

Grat asked:

My question for someone is why does it take two months before the sentence is given out?

During this period of time  TS's life will be investigated.  The questions asked are:  Is there evidence in this life that should serve to reduce his sentence, or to not give him jail time at all?  Is there evidence  in his life that should serve to support a jail sentence and of what length?

During this time the  prosecution and the defense will each be preparing to argue their view of the sentence that should be given TS.  Judges often have leaway and can give from a range of sentences.  When the judge has the option of chosing from a range of sentences, the individual has a civil right to demand that the sentence not be arbitrary, but considered based upon evidence.  Each side will attempt to present evidence as to why the sentence should be whatever they want to argue.  A judge who fails to take this into consideration will often be overruled and directed by an Appealate court to review and resentence the individual.

Now, what are some of the issus that might be introduced:  Service as an upstanding community figure who  had contributed much to the community might be one issue.   On the other hand, other instances of criminal activity also might be considered--of course the defense would argue that such should not be  considered.

[Sam]

Grat asked:

My question for someone is why does it take two months before the sentence is given out?

During this period of time  TS's life will be investigated.  The questions asked are:  Is there evidence in this life that should serve to reduce his sentence, or to not give him jail time at all?  Is there evidence  in his life that should serve to support a jail sentence and of what length?

During this time the  prosecution and the defense will each be preparing to argue their view of the sentence that should be given TS.  Judges often have leaway and can give from a range of sentences.  When the judge has the option of chosing from a range of sentences, the individual has a civil right to demand that the sentence not be arbitrary, but considered based upon evidence.  Each side will attempt to present evidence as to why the sentence should be whatever they want to argue.  A judge who fails to take this into consideration will often be overruled and directed by an Appealate court to review and resentence the individual.

Now, what are some of the issus that might be introduced:  Service as an upstanding community figure who  had contributed much to the community might be one issue.   On the other hand, other instances of criminal activity also might be considered--of course the defense would argue that such should not be  considered.

I believe you are confused or have been mislead.  This isn't about sentencing. The judge will decide if he  wants to accept the plea bargain or move for trial. Should he decide to accept the plea bargain, then he may or may not proceed to sentencing. So much has been made of the guilty plea which is ludicrous considering that 80% of all cases end in a plea bargain with one condition being, that the accused plead guilty. Many prosecutors will not even offer a plea bargain unless the accused pleads guilty. It is a technicality of the law, not an admission of guilt. There are innocent people all over this country who have pled guilty to crimes they didn't commit because of their circumstances. IMO TS had many reasons to go along with that plea. He and his wife sold their Kentucky home to pay for a defense. They are tapped out financially and therefore cannot pay for 2 long drawn out trials. Some may say they could have gotten a loan but how do you do that when you are both only drawing social security? 2 other big factors are his age and his health situation, not to mention having to stay somewhere or with someone in Va all of these months.

All the talk about civil suits (which are always about money) are pipe dreams with the Sheltons financial situation. As the old saying goes "you can't get blood out of a turnip". Translated that means you can't get money where there is none. Not too many attorney's are going to take a case where you go after someone that has already been wiped out financially.

Let us use some common sense here. The prosecutor would never have offered a plea with no jail time if she had confidence in her cases. Here you have 2 cases that are at least, 15 years old. You have no witnesses.

*****************************************

*******************************************

The plea bargain speaks for itself as  Prosecutors don't offer pleas with no jail time in these types of cases unless they are fairly certain they can't win. Again, the technicality of a guilty plea means nothing.

As far as GM's comments about the judge looking into TS's background, that is another technicality that means they check to see if he has any prior criminal record. In actuality that should take about 2 minutes on the computer. In the court system it takes 2 months.


Edited to remove inappropriate content.

[Harley]

I wish to thank you. I know people being talked about here by both sides and it is sometimes hard to tell who is telling the truth because the stories don't sound like the people I know about and everybody is mad at everybody.This all does make sense to me, and it is good to hear both sides. I think we always have to hear both sides. I don't know alex walker, and I don't know Tommy Shelton or whether he is guilty or whether he is being lied about, but samuel has been very nice to me, that was why I asked him why the victims would accept the plea bargain because he said he understood their reasons and I do not understand that. I think he should already know about Alex's mom though if he is Alex's friend and he should know if Alex lies. Maybe he will answer here, or maybe someone else should ask Alex' mom instead of him,or in addition to him to verify things for everyone. because that would be better. I would but I don't know how to get hold of her or what her name is. If somebody tells me, I will do it.

[Harley]

I forgot to say. About Tommy Shelton's background and criminal history, the Washington post
said when the judge asked the prosecutor "She said the only evidence would be the two men's testimony about events up to 15 years ago, that Shelton had not spoken to police and had no prior criminal record."

But what about the other cases and other victims will that be brought up too? Are they allowed to do that, or not? I don't know. I have questions about how this all works.

[GRAT]

Grat asked:

My question for someone is why does it take two months before the sentence is given out?

During this period of time  TS's life will be investigated.  The questions asked are:  Is there evidence in this life that should serve to reduce his sentence, or to not give him jail time at all?  Is there evidence  in his life that should serve to support a jail sentence and of what length?

During this time the  prosecution and the defense will each be preparing to argue their view of the sentence that should be given TS.  Judges often have leaway and can give from a range of sentences.  When the judge has the option of chosing from a range of sentences, the individual has a civil right to demand that the sentence not be arbitrary, but considered based upon evidence.  Each side will attempt to present evidence as to why the sentence should be whatever they want to argue.  A judge who fails to take this into consideration will often be overruled and directed by an Appealate court to review and resentence the individual.

Thank you Gregory.
Now, what are some of the issus that might be introduced:  Service as an upstanding community figure who  had contributed much to the community might be one issue.   On the other hand, other instances of criminal activity also might be considered--of course the defense would argue that such should not be  considered.

[Harley]

GRAT, I looked this up to try and understand, and to help everybody. Because the Washington Post said:"Bellows ordered a pre-sentence report, and set a sentencing hearing for Sept. 24, where he will decide whether to accept or reject the plea deal."

http://resources.lawinfo.com/en/Legal-FAQs/Sentencing-and-Sanctions/Federal/what-is-the-sentencing-hearing.html

What Is The Sentencing Hearing?
Except for minor offenses, such as infractions a sentencing hearing is held where the final sentence or penalty is determined. The law gives the judge a great deal of leeway in determining what the sentence may be. The character of and circumstances surrounding the defendant can be as important as the severity of the crime in determining what sentence will be imposed.

The sentence is imposed after the jury or judge has provided the judgment. At the sentencing hearing, both the prosecution and the defense are given the opportunity to present evidence and testimony to recommend an appropriate sentence. The judge is free to ignore these recommendations, even if the prosecutor and defense lawyer have agreed to a sentence as a part of a plea agreement.



 
   
Sentencing

Except for minor offenses, such as infractions, the law gives the judge a great deal of latitude in determinging the sentence. The character and circumstances of the defendant can be as important as the severity of the crime determining what sentence will be imposed.

Procedurally, the sentence is imposed after a separate hearing, held at least two days after judgment has been rendered by the jury or the judge, unless the defendant waives this right. At the sentencing hearing, both sides have the opportunity to present evidence and testimony to recommend an appropriate sentence. The judge is free to ignore these recommendations, even if the prosecutor and defense counsel have agreed to a sentence as a part of a plea agreement. In that event, the defendant may be allowed to withdraw his/her plea.


Presentence Investigation Report

In addition to the information supplied by parties, the judge is typically supplied with a presentence investigation report. A presentence investigation may be ordered in any criminal case. However, presentence investigations are not typically provided in misdemenaor criminal matters because there are not sufficient presentence investigators in the Department of Corrections to provide this support. In a felony case, the judge may state his/her reasons on the record for failing to order a presentence investigation.

The presentence investigator interviews the defendant and often other individuals such as relatives, friends, and employers. With that information, the presentence investigator compiles a social history of the defendant which covers the defendant's education, employment record, family situation, physical and mental health, and community ties. The presentence investigator will also assemble the defendant's prior criminal record, the defendant's version of the facts surrounding the crime, and the police and other witnesses' verion of those facts.

In appropriate cases, the investigator will recommend alternatives for rehabilitation such as counseling but the report does not contain a recommendation on the length of the sentence. The prosecution and defense typically have access to the presentence report prior to the sentencing hearing. Either side may present evidence to rebut or supplement the presentence investigation report. The report is not available to the media or the public.

If a formal presentence investigation has not been ordered, the judge will at least be supplied with the defendant's prior criminal record and may ask the defendant and his/her lawyer to prepare an informal presentence report.

At the conclusion of the presentence hearing, the judge must give the defendant an opportunity to speak on his/her own behalf. Then the judge pronounces the sentence. The length of the sentence imposed must be within the statutory minimum and maximum time prescribed by law for that offense but the type of sentence is up to the judge's discretion with a few important qualifications. Statutory minimum and maximum for most crimes are included in case law. For example, the habitual criminal or persistent violator outlined in Idaho Code section 19-2514 is imposed when a person is convicted of three or more felonies and is considered a persistent violator in this situation and the individual is subjected to a sentence of at least five years to life.

[Sister]

If Tommy has pleaded guilty and is not guilty he is a liar, how is it possible to believe the word of a liar? Would a Christian lie under these circumstances? No, a Christian is bound by his relationship with God to tell the truth. I believe that Tommy is a guilty man just trying not to pay any plenty for his crimes. Why do I believe this? I have heard from more than one credible source that he molested a member of his own family and that the Sheltons are aware of this situation. Where did this information come from? Sheltons...more than one. Cindy and all the others are defending a known child molester. Why? Is she merely a fool deceived or a liar? For the former circumstance I can feel pity, for the latter contempt. There have been more than enough victims in the Shelton Saga, isn't time for the punishment to fit the crime? Cindy, why would Tommy lie if he were innocent? Has he no faith in God to deliver an innocent man? Or is it just the opposite? Is he fearful of facing the judgement of God and man reserved for those who defile the innocent?

[ex3abnemployee]

TS admitted it. He pled guilty. End of story. You're calling him a liar again, coward.

Grat asked:

My question for someone is why does it take two months before the sentence is given out?

During this period of time  TS's life will be investigated.  The questions asked are:  Is there evidence in this life that should serve to reduce his sentence, or to not give him jail time at all?  Is there evidence  in his life that should serve to support a jail sentence and of what length?

During this time the  prosecution and the defense will each be preparing to argue their view of the sentence that should be given TS.  Judges often have leaway and can give from a range of sentences.  When the judge has the option of chosing from a range of sentences, the individual has a civil right to demand that the sentence not be arbitrary, but considered based upon evidence.  Each side will attempt to present evidence as to why the sentence should be whatever they want to argue.  A judge who fails to take this into consideration will often be overruled and directed by an Appealate court to review and resentence the individual.

Now, what are some of the issus that might be introduced:  Service as an upstanding community figure who  had contributed much to the community might be one issue.   On the other hand, other instances of criminal activity also might be considered--of course the defense would argue that such should not be  considered.

I believe you are confused or have been mislead.  This isn't about sentencing. The judge will decide if he  wants to accept the plea bargain or move for trial. Should he decide to accept the plea bargain, then he may or may not proceed to sentencing. So much has been made of the guilty plea which is ludicrous considering that 80% of all cases end in a plea bargain with one condition being, that the accused plead guilty. Many prosecutors will not even offer a plea bargain unless the accused pleads guilty. It is a technicality of the law, not an admission of guilt. There are innocent people all over this country who have pled guilty to crimes they didn't commit because of their circumstances. IMO TS had many reasons to go along with that plea. He and his wife sold their Kentucky home to pay for a defense. They are tapped out financially and therefore cannot pay for 2 long drawn out trials. Some may say they could have gotten a loan but how do you do that when you are both only drawing social security? 2 other big factors are his age and his health situation, not to mention having to stay somewhere or with someone in Va all of these months.

All the talk about civil suits (which are always about money) are pipe dreams with the Sheltons financial situation. As the old saying goes "you can't get blood out of a turnip". Translated that means you can't get money where there is none. Not too many attorney's are going to take a case where you go after someone that has already been wiped out financially.

Let us use some common sense here. The prosecutor would never have offered a plea with no jail time if she had confidence in her cases. Here you have 2 cases that are at least, 15 years old. You have no witnesses.

*****************************************

*******************************************

The plea bargain speaks for itself as  Prosecutors don't offer pleas with no jail time in these types of cases unless they are fairly certain they can't win. Again, the technicality of a guilty plea means nothing.

As far as GM's comments about the judge looking into TS's background, that is another technicality that means they check to see if he has any prior criminal record. In actuality that should take about 2 minutes on the computer. In the court system it takes 2 months.


Edited to remove inappropriate content.

[princessdi]

Yes, most recently we can point to the Dugard(?)girl who was abducted and found years later, all the time in the hands of a registered sex offender on probation, etc.  Or so many we hear about he still live near schools, or "find" themselves in the company of young children.............they don't seeme dto be able to control themselves.In this case, it seems to be even more problmatic, as we actually see him or his supporters taking responsiblity for his actions.  It is just all so sad.

There is no guarantee that TS will not re-offend just because he is a registered sex offender.  You hear it all the time in the news.  The only way to protect children is to put the offender away.  I think they all should be sent to a deserted island far far from society and left with a few cans of spam and canned peas.  Just my opinion.

My question for someone is why does it take two months before the sentence is given out? 

[GRAT]

Grat asked:

My question for someone is why does it take two months before the sentence is given out?

During this period of time  TS's life will be investigated.  The questions asked are:  Is there evidence in this life that should serve to reduce his sentence, or to not give him jail time at all?  Is there evidence  in his life that should serve to support a jail sentence and of what length?

During this time the  prosecution and the defense will each be preparing to argue their view of the sentence that should be given TS.  Judges often have leaway and can give from a range of sentences.  When the judge has the option of chosing from a range of sentences, the individual has a civil right to demand that the sentence not be arbitrary, but considered based upon evidence.  Each side will attempt to present evidence as to why the sentence should be whatever they want to argue.  A judge who fails to take this into consideration will often be overruled and directed by an Appealate court to review and resentence the individual.


Now, what are some of the issus that might be introduced:  Service as an upstanding community figure who  had contributed much to the community might be one issue.   On the other hand, other instances of criminal activity also might be considered--of course the defense would argue that such should not be  considered.

Thank you  Gregory.

Edited to fix where I didn't go down far enough to place my comment where it needed to be.  






Edited only to fix formatting.

[GRAT]

Well, that didn't work but I tried.   

Edited to add a thank you to Harley.  Was much clearer to me after reading your post.   

[Alex L. Walker]

Grat asked:

My question for someone is why does it take two months before the sentence is given out?

During this period of time  TS's life will be investigated.  The questions asked are:  Is there evidence in this life that should serve to reduce his sentence, or to not give him jail time at all?  Is there evidence  in his life that should serve to support a jail sentence and of what length?

During this time the  prosecution and the defense will each be preparing to argue their view of the sentence that should be given TS.  Judges often have leaway and can give from a range of sentences.  When the judge has the option of chosing from a range of sentences, the individual has a civil right to demand that the sentence not be arbitrary, but considered based upon evidence.  Each side will attempt to present evidence as to why the sentence should be whatever they want to argue.  A judge who fails to take this into consideration will often be overruled and directed by an Appealate court to review and resentence the individual.

Now, what are some of the issus that might be introduced:  Service as an upstanding community figure who  had contributed much to the community might be one issue.   On the other hand, other instances of criminal activity also might be considered--of course the defense would argue that such should not be  considered.

I believe you are confused or have been mislead.  This isn't about sentencing. The judge will decide if he  wants to accept the plea bargain or move for trial. Should he decide to accept the plea bargain, then he may or may not proceed to sentencing. So much has been made of the guilty plea which is ludicrous considering that 80% of all cases end in a plea bargain with one condition being, that the accused plead guilty. Many prosecutors will not even offer a plea bargain unless the accused pleads guilty. It is a technicality of the law, not an admission of guilt. There are innocent people all over this country who have pled guilty to crimes they didn't commit because of their circumstances. IMO TS had many reasons to go along with that plea. He and his wife sold their Kentucky home to pay for a defense. They are tapped out financially and therefore cannot pay for 2 long drawn out trials. Some may say they could have gotten a loan but how do you do that when you are both only drawing social security? 2 other big factors are his age and his health situation, not to mention having to stay somewhere or with someone in Va all of these months.

All the talk about civil suits (which are always about money) are pipe dreams with the Sheltons financial situation. As the old saying goes "you can't get blood out of a turnip". Translated that means you can't get money where there is none. Not too many attorney's are going to take a case where you go after someone that has already been wiped out financially.

Let us use some common sense here. The prosecutor would never have offered a plea with no jail time if she had confidence in her cases. Here you have 2 cases that are at least, 15 years old. You have no witnesses.

*****************************************

*******************************************

The plea bargain speaks for itself as  Prosecutors don't offer pleas with no jail time in these types of cases unless they are fairly certain they can't win. Again, the technicality of a guilty plea means nothing.

As far as GM's comments about the judge looking into TS's background, that is another technicality that means they check to see if he has any prior criminal record. In actuality that should take about 2 minutes on the computer. In the court system it takes 2 months.


Edited to remove inappropriate content.

Sam.I hear you are running at the mouth again.  If anyone wishes to talk to my mother pm me and I will be more than happy to give you her number. She will clarify that Sam is a liar. Then you too can come back and report the same. So if anyone has any doubt please pm me.

Harly if you pm me I will be more than happy to give you my mothers name and phone number.

[Harley]

Grat asked:

My question for someone is why does it take two months before the sentence is given out?

During this period of time  TS's life will be investigated.  The questions asked are:  Is there evidence in this life that should serve to reduce his sentence, or to not give him jail time at all?  Is there evidence  in his life that should serve to support a jail sentence and of what length?

During this time the  prosecution and the defense will each be preparing to argue their view of the sentence that should be given TS.  Judges often have leaway and can give from a range of sentences.  When the judge has the option of chosing from a range of sentences, the individual has a civil right to demand that the sentence not be arbitrary, but considered based upon evidence.  Each side will attempt to present evidence as to why the sentence should be whatever they want to argue.  A judge who fails to take this into consideration will often be overruled and directed by an Appealate court to review and resentence the individual.

Now, what are some of the issus that might be introduced:  Service as an upstanding community figure who  had contributed much to the community might be one issue.   On the other hand, other instances of criminal activity also might be considered--of course the defense would argue that such should not be  considered.

I believe you are confused or have been mislead.  This isn't about sentencing. The judge will decide if he  wants to accept the plea bargain or move for trial. Should he decide to accept the plea bargain, then he may or may not proceed to sentencing. So much has been made of the guilty plea which is ludicrous considering that 80% of all cases end in a plea bargain with one condition being, that the accused plead guilty. Many prosecutors will not even offer a plea bargain unless the accused pleads guilty. It is a technicality of the law, not an admission of guilt. There are innocent people all over this country who have pled guilty to crimes they didn't commit because of their circumstances. IMO TS had many reasons to go along with that plea. He and his wife sold their Kentucky home to pay for a defense. They are tapped out financially and therefore cannot pay for 2 long drawn out trials. Some may say they could have gotten a loan but how do you do that when you are both only drawing social security? 2 other big factors are his age and his health situation, not to mention having to stay somewhere or with someone in Va all of these months.

All the talk about civil suits (which are always about money) are pipe dreams with the Sheltons financial situation. As the old saying goes "you can't get blood out of a turnip". Translated that means you can't get money where there is none. Not too many attorney's are going to take a case where you go after someone that has already been wiped out financially.

Let us use some common sense here. The prosecutor would never have offered a plea with no jail time if she had confidence in her cases. Here you have 2 cases that are at least, 15 years old. You have no witnesses.

*****************************************

*******************************************

The plea bargain speaks for itself as  Prosecutors don't offer pleas with no jail time in these types of cases unless they are fairly certain they can't win. Again, the technicality of a guilty plea means nothing.

As far as GM's comments about the judge looking into TS's background, that is another technicality that means they check to see if he has any prior criminal record. In actuality that should take about 2 minutes on the computer. In the court system it takes 2 months.


Edited to remove inappropriate content.

Sam.I hear you are running at the mouth again.  If anyone wishes to talk to my mother pm me and I will be more than happy to give you her number. She will clarify that Sam is a liar. Then you too can come back and report the same. So if anyone has any doubt please pm me.

Harly if you pm me I will be more than happy to give you my mothers name and phone number.

I already did Alex Walker. Thank you.

[Alex L. Walker]

Also Sam, I never LIED about Tommy selling his home in Ky. I even know the exact date that he sold it. I also know where he is moving too. Have I told lies in my past? Absolutley. Who hasn't? However, you are blowing it out of total context.

[Gregory]

Sam:  Perhaps I am confused.  I responded from the belief that it was a sentencing hearing.  It the September 24 hearing is something else, I may have been confused.