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View Diary: Levi needs some help (42 comments)

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  •  It's a travesty, but so is the source article (4+ / 0-)
    Recommended by:
    rserven, Amayi, wader, FarWestGirl

    There's hardly any helpful information in the article to get a grasp of how this travesty could have happened. I'm not saying that Levi's situation isn't crazy awful, but I can't believe he's in jail simply because he put an "M" on his marriage license application.

    There has to be a lot more to the story than this.

    Right up front, the article states that he was charged with a felony, but the statute that applies to making fraudulent statements on a marriage license in Virginia defines this as a misdemeanor.

    § 18.2-208. Making false statement, etc., for marriage record, etc.

    If any person, upon whose information or statement any record or registration may lawfully be made under Title 20 (§ 20-13 et seq.), knowingly give any false information, or make any false statement to be used for the purpose of making any such record or registration, he shall, for every such offense, be guilty of a Class 4 misdemeanor.

    Although a trans person is sitting in jail, it's not for the "felony" of putting an "M" on a marriage license application. In fact, if a marriage license was actually issued, the clerk can be charged with a class 3 misdemeanor if the information was knowingly false.

    Although I certainly feel for Levi if he's in jail due to any kind of sexual identity issues, the article doesn't tell us anything about how this came to be.

    Who pressed charges? What is the felony charge that would have resulted in 5 years in prison? What kind of lawyer loser would advise a plea bargain, especially with a no contest plea for a felony and accepting hard time? Why not go for a full jury trial?

    The article fails to provide any information that might clear up these inconsistencies.

    Otoh, I wish the best for Levi.

    "Never wrestle with a pig: you get dirty and the pig enjoys it"

    by GrumpyOldGeek on Tue Aug 21, 2012 at 05:16:28 PM PDT

    •  I searched for whatever was available online.. (2+ / 0-)
      Recommended by:
      wader, Tool

      ...and found nothing more than I shared.

      •  Court records may use Levi's birth name... (1+ / 0-)
        Recommended by:

        ...which I do not know.

      •  My guess would be forged checks, or similar (0+ / 0-)

        The charge was felony forgery, not felony fraud. A forged signature is forgery. A fake driver's license is forgery (or counterfeiting). False information or altering a document is fraud.

        Since it says that his spouse abandoned him, it may not have been because she just couldn't deal with having a trans husband. Perhaps it was because he forged checks in his spouses' name. To me, that would make more sense. That's just pure speculation for a possible scenario. The article just doesn't connect much of anything together.

        How can somebody get 'caught' having an "M" on a marriage license? The article seems to be using that idea as some sort of metaphor, I think. One can easily get caught forging checks, and depending on the amount and quantity, that's a big-time felony.That might explain a plea bargain and a nolo plea, too. Caught red-handed, probably.

        The article doesn't even remotely connect these charges to his trans status other than his being treated as neither male nor female in prison. That's a different issue altogether, of course, and this treatment is discriminatory and abusive. Felony forgery isn't about sexual identity, imo.

        "Never wrestle with a pig: you get dirty and the pig enjoys it"

        by GrumpyOldGeek on Tue Aug 21, 2012 at 07:05:44 PM PDT

        [ Parent ]

        •  There is a lot of supposition there. (2+ / 0-)
          Recommended by:
          nokkonwud, Horace Boothroyd III

          You have absolutely no evidence, but you assume Levi forged checks.

          I assumed the wife took the marriage license to someone to try to get the marriage voided.  Levi may have signed with the name he has been using without having gone through the proper steps to legalize it.

          Many people think we are committing fraud by simply existing.

          •  I SAID it's speculation - I assumed nothing (0+ / 0-)

            A wild-ass guess.

            Forging checks is probably the most frequent reason that folks get charged with felony forgery, I would guess.

            The article only states that it was felony forgery.

            Signing using an alias isn't forgery, though. It's fraud.

            We just won't know without more information.

            "Never wrestle with a pig: you get dirty and the pig enjoys it"

            by GrumpyOldGeek on Tue Aug 21, 2012 at 07:34:51 PM PDT

            [ Parent ]

    •  Well, that statute is for (3+ / 0-)
      Recommended by:
      rserven, wader, Cassandra Waites

      'making a false statement.'

      The diary says the conviction was for 'felony forgery.'

      Could he have forged his marriage license?

    •  The way I'm reading this (5+ / 0-)

      is that the felony isn't what is at issue. It has no bearing on anything. My brother, who is an all around great human being, went to jail on a felony charge and served one year. His crime was possession of cocaine back in the early 80s. He was lucky that when he came out of prison he was able to stay at a half way house for three months to help him get back to a life. The issue for me is that services that are provided to other human beings are being denied him because he is transgender. This is unjust, all felonies aside.

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