Friday, January 15, 2016

A 21 y/o WI Farmhand who was Arrested and Sentenced to Probation for having Sex with a Donkey asks to serve Jail time Instead, and the Judge Obliges ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Not withstanding scouring dozens of articles I simply cannot find a picture of Gideon D Swartzentruber, a 21 year old man from Neillsville, Wisconsin who was convicted of an unorthodox sex crime in September, 2015.  Not surprisingly I also could not find a picture of Gideon's "victim", but I did find this...

Yes, that is a man having unnatural sex with a donkey.  

In September, 2015 'ole Gideon was caught in flagrante delicto with a farm owner's donkey.  He was subsequently found guilty of one (1) count of "sexual gratification with an animal", and our hero was then sentenced to both probation and counseling and he was fined $443.00, but now, for reasons unknown (rest assured that I will speculate below), Gideon has reportedly voluntarily appeared before Clark County Circuit Court Judge Jon Counsell and asked to serve time in custody instead of as a probationer.

Articles claim that Gideon recently "begged" Judge Counsell to send him to prison, and for his grovelling he was reportedly handed a 30 (thirty) day jail term in lieu of further probation, but none explain the "why" of it.  Before I speculate let's look back at the history of Gideon's case:

By all accounts Gideon was working on the subject Wisconsin farm when he had "met" the female donkey.  Gideon reportedly "kind of touched the donkey and was playing around being crazy" before deciding to have sex with the animal.  When asked why he decided to have sex with the donkey, Gideon reportedly said that his "privates were out of control" and that he "got crazy and carried away."  Gideon also reportedly stated that that was the first time that "he had done anything like that."

I have no reason to know, but I suspect, that Gideon's request to serve jail time was as simple as his recognizing that he could not, for one reason or another, successfully serve his probationary term, that he would be violated and that this was the best mechanism to avoid a harsher sentence down the proverbial pike.  Of course it's equally plausible that 'ole Gideon simply couldn't control his feelings for the donkey and, knowing his limitations, he chose to make new friends....

Memo to the Folks:   Probation is an alternative to incarceration, and oftentimes, it presents itself as being a better choice than going to jail or prison, but here's the catch:  Probation is a gift which is given by an Indian giver who is biting at the bit to take it back (to "revoke" it), and if your probation gets revoked then you are easily body slammed and can be sentenced to serve the maximum amount of time that you could have gotten before agreeing to the probation that you managed to screw-up. Being on probation requires attention to detail.  You are not in custody but you are regulated.  You forfeit many of your constitutional protections and any allegation against you is subject to a significantly lesser standard and burden of proof.  If you are not prepared to deal with a pain-in-the-ass PO, to jump through hoops, to be accountable, to do what you are supposed to do (when and how you are supposed to do it) and to not do anything that you are not supposed to do, then, for you, probation is nothing more than a set-up.  If this is you then do yourself a favor and let your lawyer broker a deal for serving token time without paper ("paper" being probation) up front, so as to spare you the imminent pain on the back end.  The choice is yours to make, just be smart about it... think long, and not short, term.

At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.

At Michael A. Haber, P.A. "Its all about reasonable doubt"!

Michael A. Haber, Esq. is prepared to speak with you about your case!

Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1


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