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Ask Thoreau (T-USA) Your Own Question

Thoreau (T-USA)
Thoreau (T-USA), Lawyer
Category: Criminal Law
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Experience:  Attorney
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i was charged with f 288 (c) (1) and M1203.9 (a) is there

Customer Question

i was charged with f 288 (c) (1) and M1203.9 (a) is there a way i can get this charge reduced so i don't have to register as a sex offender. the girl lied about her age and told me she was 18. we meet over the internet
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Thoreau (T-USA) replied 4 years ago.

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It's possible to negotiate with the prosecutor to plead guilty to a lesser charge. However, the prosecutor must willingly agree to such a deal. There's no way to force the prosecutor to do so.

Because these are very serious charges, you really need to retain an attorney. After evaluating the evidence against you, he may find that the state has less than sufficient evidence. This would give you a great deal of bargaining power and it might even supply you with grounds to actually defeat the charges in court. One lesser offense would be §647.6 (Annoying or molesting children), a misdemeanor. However, that offense would still require registration. You can read the statute below.
http://law.onecle.com/california/penal/647.6.html

Unfortunately, sex offenses are such that prosecutors are often less willing to bargain than with other offenses. Accodringly, the best bargaining chip with a prosecutor is a lack of evidence. However, even if there's a great deal of evidence against you, your attorney may be able to negotiate a favorable plea for you depending on the surrounding circumstances.

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Sincerely,
T

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Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public. T-USA is not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. T-USA does not claim to be licensed to practice law in the state for which this information is provided. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should seek a local attorney as soon as possible. You can find a local attorney at http://www.lawyers.com or http://www.martindale.com.



Customer: replied 4 years ago.
that didn't answer my question. can i get my charge reduced to a lesser charge that i can be excluded from megans law or have to register
Expert:  Thoreau (T-USA) replied 4 years ago.

Please Note: Your deposit will not be applied to this question unless you click accept. JustAnswer provides me with absolutely no compensation. I receive no salary or hourly wage from JustAnswer. I receive nothing at all for my time spent responding to your question unless you click accept. Your gratuity is appreciated.

Yes, but only if the prosecutor is willing to bargain for a non-registering offense. You can't make the prosecutor do so.

Please remember to click accept so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated.

If you need additional clarification of this response, please ask a follow-up question and I will be happy to clarify.

Sincerely,
T

_____________________________________

Please click the green Accept Button and leave Positive Feedback so that I receive credit for answering your question. Bonuses are always greatly appreciated. I do not receive any payment at all from JustAnswer unless you click accept.

Please remember: Feedback is left for me as an answerer. Please do not shoot the messenger. My control over the content of the answer is limited by the restraint of truth.


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public. T-USA is not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. T-USA does not claim to be licensed to practice law in the state for which this information is provided. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should seek a local attorney as soon as possible. You can find a local attorney at http://www.lawyers.com or http://www.martindale.com.



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