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As of this writing, it is around 12 hours before Deric Lostutter is to appear in Federal court to learn his fate. He has agreed to plea guilty to two of the counts against him.

There are a number of options facing Deric that will be in the hands of the judge presiding over the hearing.

The first question has to be, is Deric going to have one last Thanksgiving dinner before sentencing? It is a common practice to allow a defendant in an action such as this have a bit of time to get their affairs in order before being remanded into custody.

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The problem for Deric is that he has been a real pain in the ass for his Probation officers as well as the federal judge. He has violated the terms of his pre trial release on more than one occasion. He has angered the judge to the point where he has been scolded in a manner not generally seen in Federal proceedings.

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Still, this is the day before Thanksgiving and Deric is the father of a newborn, so perhaps the judge will have a heart and allow him to have his one last Thanksgiving before he goes to jail, if that turns out to be the case.

I had a discussion with an expert in these matters and this is what I was told:

“It could part of Deric’s plea agreement to turn himself in at a later date after getting his affairs in order. If not, Tor could argue for a delay in turning in the commencement of his incarceration, and the Judge would decide. Often, the Govt won’t include that in the plea agreement, but will inform defense counsel that they “won’t object” when argued to the Judge.”

The next option is one that Deric should worry about given the grief he has given the Federal court system:

” Also, keep in mind that in federal court, the Judge has ultimate discretion to accept or reject a plea agreement. If he rejects it, Deric can withdraw his plea and go to trial, or renegotiate another plea agreement with the Govt which may pass muster with the Judge. “

This presents a risk to Deric in that if he is forced to go to trial, he could well be convicted of ALL the charges which would cause his jail term to be much more severe than the possible outcomes to his current plea agreement.

My source then went into what happens if Deric were to enter an open plea.

” The last alternative is that Deric could make an “open plea”, which means he pleads guilty without a plea agreement in place, and takes his chances with whatever sentence the Judge hands down.”

My source does not think his lawyer will take this option due to the risk involved and his problems with the court:

“Everyone hates Deric and what he represents. I believe the greatest blunder here was putting Detox and his brother in the stand for that suppression hearing. Tor should have known that Deric wouldn’t present well, and that the Magistrate would then get the opportunity to slam him in a recommended order. That’s exactly what happened. That opinion by the Magistrate calling Deric and his brother a liar, was devastating.”

By sometime tomorrow afternoon or evening we should have our answer. Don Carpenter is there to cover this case and he will be the first one to tell the world Deric’s fate.

https://twitter.com/AnarchyWaltz/with_replies

So, link to Don’s twitter account and…..

Stay tuned

MURT