Petek Arrested for Domestic Violence

[mthoopsfan]

Let's bet $100 on whether the two charges against Petek stick when the matter is resolved.

So you still haven’t answered the question of wether he actually did what he’s been accused of which is far more important then wether the charges will stick or not. Since you were at the wedding buddying up with everyone, did you not ask the most important question of wether he actually did these things or not? Did you not ask if the nosy neighbor was lying or telling the truth when they gave you that vital information that it was her that called the cops? I think everyone would agree that it’s more concerning that he may or may not have abused his wife then wether the charges will “stick”, don’t you agree? Please tell me your not ok with a possible wife abuser walking a scott free.

The article doesn't have the facts. If charges don't stick, that's a strong indication that the allegations aren't true. Innocent until proven guilty.

 

[mthoopsfan]

Innocent until proven guilty on this latest incident, but...

One has to plead guilty to get a deferred sentence. Hence, former prisoner Petek, the big, strong, agile pugalist, has been "caught" twice for domestic violence.

"but they have a deferred sentence,"

"Deferred sentences (aka deferred adjudication) are not considered convictions under Montana law. When a defendant is given a deferred sentence they actually aren't convicted of any and are instead in a state of limbo regarding their sentence. If they complete their required probation, community service, etc., their sentence will be dismissed."

What you said is apparently not correct. A deferred adjudication is not a conviction and the sentence is dismissed. According to the above quote.

 

[mthoopsfan]

Amazing. I would bet that any lawyer, regardless of his specialty, has forgotten more about criminal law than any of you self styled, opinionated, malignant assholes will ever know. . I don't know Mr. Petek, or any of you on this site. I like it that way. To say, because of his past legal troubles(of which I know nothing about) that he is going to prison, is presumptuous at best. But, what the hell, this IS eGriz, and the bar is set mighty low. Apparently, that is why you persist on this site. Post away! It is obvious that several of you have had a hard-on against PR for a very long time, and are hell bent on continuing your vendetta. #f##k#, and stop struttin' around like some banty rooster with your 'seldom wrong but never in doubt' bullshit. :roll:

These jokers would choose a lay person over an orthopedic surgeon if they were having a heart attack. As you indicated, some of these posters are idiots.

 

[Griz2k]

I always thought that a deferred sentence meant that you were actually sentenced for a crime you committed but you didn’t have to serve said sentence if you kept your nose clean for a predetermined amount of time. If you run afoul of the law again before that time is up, they can go back and implement said deferred sentence. Perhaps I’m wrong?

 

[maroonandsilver]

I always thought that a deferred sentence meant that you were actually sentenced for a crime you committed but you didn’t have to serve said sentence if you kept your nose clean for a predetermined amount of time. If you run afoul of the law again before that time is up, they can go back and implement said deferred sentence. Perhaps I’m wrong?

His cocaine trafficking sentence was certainly not deferred.

 

[Griz2k]

I always thought that a deferred sentence meant that you were actually sentenced for a crime you committed but you didn’t have to serve said sentence if you kept your nose clean for a predetermined amount of time. If you run afoul of the law again before that time is up, they can go back and implement said deferred sentence. Perhaps I’m wrong?

His cocaine trafficking sentence was certainly not deferred.

Right, but I'm not necessarily talking about Mr. Petek or this case specifically. Just more of a statement/inquiry.

 

[HelenaHandBasket]

My comment has nothing to do with Petek’s legal problems. It’s about you and your lack of a moral compass. You don’t hesitate to bring up personal failings about posters or their family members.

You’re not an honorable man.

I pity you.

You should direct your gotgame. I just respond to his attacks on occasion. You need to learn how to read.

Well Ursa, he didn't disagree with your assessment of him.

 

[mthoopsfan]

I always thought that a deferred sentence meant that you were actually sentenced for a crime you committed but you didn’t have to serve said sentence if you kept your nose clean for a predetermined amount of time. If you run afoul of the law again before that time is up, they can go back and implement said deferred sentence. Perhaps I’m wrong?

Nope. it is a type of plea agreement. My understanding is that you are not sentenced, and as such, you are not convicted. After the terms are met, the arrest/proceeding can be sealed or expunged, in most circumstances. You should get your legal advice from lawyers, not plumbers or lay people. Ha.

 

[mthoopsfan]

I always thought that a deferred sentence meant that you were actually sentenced for a crime you committed but you didn’t have to serve said sentence if you kept your nose clean for a predetermined amount of time. If you run afoul of the law again before that time is up, they can go back and implement said deferred sentence. Perhaps I’m wrong?

His cocaine trafficking sentence was certainly not deferred.

Nor can it be used against him in a matter like this one.

 

[HelenaHandBasket]

Whether the charges are dropped or not, it takes quite a guy to rip a females hair out and smash her phone. Sounds like a quality dude.

 

[mthoopsfan]

Whether the charges are dropped or not, it takes quite a guy to rip a females hair out and smash her phone. Sounds like a quality dude.

Do you believe that's the guts of what happened?

 

[retiredpopo]

which two? did they drop one charge?

These 2. from the linked article: "is being charged with partner and family member assault and taking possible evidence with him to prevent law enforcement from viewing the items, according to court documents filed Wednesday."

the article mentions 3 charges.


"The 44-year-old is being charged with one felony count of tampering with or fabricating physical evidence and misdemeanors partner or family member assault and criminal destruction of communication device. Petek was admitted into the Lewis and Clark County Detention center on Tuesday."

 

[astutegriz]

Innocent until proven guilty on this latest incident, but...

One has to plead guilty to get a deferred sentence. Hence, former prisoner Petek, the big, strong, agile pugalist, has been "caught" twice for domestic violence.

"but they have a deferred sentence,"

"Deferred sentences (aka deferred adjudication) are not considered convictions under Montana law. When a defendant is given a deferred sentence they actually aren't convicted of any and are instead in a state of limbo regarding their sentence. If they complete their required probation, community service, etc., their sentence will be dismissed."

What you said is apparently not correct. A deferred adjudication is not a conviction and the sentence is dismissed. According to the above quote.

Thank you. I understand and respect your point. There is a reason and meaning behind the deferred sentence. Second chances. Redemption. Etc.

For me, however, I didn't say or mean convicted. I said "caught." My intention was to point out that Mr. Petek needed to admit under oath he did the infractions and the response from the judge is a deferred sentence - not a "you never did it" but a "if you meet these conditions, we'll pretend it never happened."

Did he do it a third time? No idea. Will he be convicted? No idea. But the first question matters more to me than the second one.

 

[HelenaHandBasket]

Whether the charges are dropped or not, it takes quite a guy to rip a females hair out and smash her phone. Sounds like a quality dude.

Do you believe that's the guts of what happened?

Do you believe it is OK to physically harm a women?

 

[horribilisfan8184]

I always thought that a deferred sentence meant that you were actually sentenced for a crime you committed but you didn’t have to serve said sentence if you kept your nose clean for a predetermined amount of time. If you run afoul of the law again before that time is up, they can go back and implement said deferred sentence. Perhaps I’m wrong?

Nope. it is a type of plea agreement. My understanding is that you are not sentenced, and as such, you are not convicted. After the terms are met, the arrest/proceeding can be sealed or expunged, in most circumstances. You should get your legal advice from lawyers, not plumbers or lay people. Ha.

In a deferred prosecution agreement the charges are suspended (or not filed) and if the defendant meets all conditions imposed, the charges are dismissed at the end of the deferral period.

In a deferred imposition of sentence the defendant DOES plead guilty or nolo contendre and sentencing is technically deferred, but the conditions of deferral usually mirror all standard probation conditions and payment of a fine, CD evaluation, Anger management, etc., it is jail, DOC or MSP custody that is deferred. If the defendant completes the deferral period without violation the guilty plea is withdrawn and the charge dismissed, and the file sealed from public view.

 

[alabamagrizzly]

I always thought that a deferred sentence meant that you were actually sentenced for a crime you committed but you didn’t have to serve said sentence if you kept your nose clean for a predetermined amount of time. If you run afoul of the law again before that time is up, they can go back and implement said deferred sentence. Perhaps I’m wrong?

Nope. it is a type of plea agreement. My understanding is that you are not sentenced, and as such, you are not convicted. After the terms are met, the arrest/proceeding can be sealed or expunged, in most circumstances. You should get your legal advice from lawyers, not plumbers or lay people. Ha.

To receive a deferred sentence, you must admit guilt to your charges.

https://criminallawyerdenver.com/2016/11/16/the-dreaded-deferred-judgment/

“A deferred judgment is an agreement with the district attorney’s office where the defendant admits guilt by pleading guilty to a charge and the sentence is deferred for an agreed upon of time.”

It’s the same with a deferred adjudication.

https://www.alllaw.com/criminal-law/how-deferred-adjudication-can-avoid-a-criminal-conviction.html

“Deferred adjudication is a process for resolving criminal cases that gives defendants a chance to avoid a conviction. Typically, defendants who are eligible for deferred adjudication offer a guilty or no contest plea. The judge accepts the plea but sets it aside temporarily in exchange for the defendant's agreement to stay out of trouble and comply with certain conditions”

As for a no contest plea, it’s basically an admit of guilt w/out legally having to say your guilty.

https://www.shouselaw.com/ca/blog/what-is-a-no-contest-plea/

“A plea of no contest is similar to a guilty plea in that an accused admits that he/she accepts a conviction for the charge. In misdemeanor cases, however, that plea cannot be used against a defendant as an admission of guilt in certain civil proceedings”

Basically in the eyes of the court, if you accept a deferred sentence, it’s cus you committed the crime. This I definitely know from personal experience as one who received a deferred sentence, had it revoked and sent to prison, and then had it resubmitted after completion of the state run boot camp, and then had my conviction removed from my record for meeting my deferred agreement.

 

[alabamagrizzly]

So you still haven’t answered the question of wether he actually did what he’s been accused of which is far more important then wether the charges will stick or not. Since you were at the wedding buddying up with everyone, did you not ask the most important question of wether he actually did these things or not? Did you not ask if the nosy neighbor was lying or telling the truth when they gave you that vital information that it was her that called the cops? I think everyone would agree that it’s more concerning that he may or may not have abused his wife then wether the charges will “stick”, don’t you agree? Please tell me your not ok with a possible wife abuser walking a scott free.

The article doesn't have the facts. If charges don't stick, that's a strong indication that the allegations aren't true. Innocent until proven guilty.

I have been witness to many, and experienced myself, situations where charges were made but due to all sorts of different issues the charges didn’t stick but the accused had certainly done what they were charged with, including me. There are many technicality’s and loop holes that can get a guilty person out of their charges. Every defense attorney knows this well and my brother is one.

 

[Griz2k]

I always thought that a deferred sentence meant that you were actually sentenced for a crime you committed but you didn’t have to serve said sentence if you kept your nose clean for a predetermined amount of time. If you run afoul of the law again before that time is up, they can go back and implement said deferred sentence. Perhaps I’m wrong?

Nope. it is a type of plea agreement. My understanding is that you are not sentenced, and as such, you are not convicted. After the terms are met, the arrest/proceeding can be sealed or expunged, in most circumstances. You should get your legal advice from lawyers, not plumbers or lay people. Ha.

I get my legal advice from the highest of experts....I’ve seen every law and order episode since the beginning. That Jack McCoy is one hell of a prosecutor.

 

[MikeyGriz]

Nope. it is a type of plea agreement. My understanding is that you are not sentenced, and as such, you are not convicted. After the terms are met, the arrest/proceeding can be sealed or expunged, in most circumstances. You should get your legal advice from lawyers, not plumbers or lay people. Ha.

I get my legal advice from the highest of experts....I’ve seen every law and order episode since the beginning. That Jack McCoy is one hell of a prosecutor.

But can he kick?

 

[alabamagrizzly]

I get my legal advice from the highest of experts....I’ve seen every law and order episode since the beginning. That Jack McCoy is one hell of a prosecutor.

But can he kick?

Kick some legal ass!