Criminal Law Questions? Ask a Criminal Lawyer.
My answers are below yours in all caps. I know it may make it difficult to read, but it seemed like the easiest way to do it.
will this keep me from pursuing civil charges against the officers/agents/agencies????
YES, THIS WILL PROBABLY PREVENT YOU FROM PURSUING CIVIL CHARGES. ONCE YOU HAVE PLED, IT MAKES IT DIFFICULT TO LATER SAY THAT YOU WERE TARGETED AND WRONGFULLY PROSECUTED.
Now my name is XXXXX XXXXX the Internet and in papers more than before....I am on 'child abuse' websites, and I wasn't before...I do not quite understand what is going on and it is a bit overwhelming.....why do you suppose ADA is not willing to let it go.....???
I HAVE NO IDEA WHY THE DA WON'T LET IT GO. POSSIBLY TOO MUCH PRESS AND HE DOESN'T WANT TO LOOK BAD. ALSO, KEEP IN MIND THAT THE DA HAS AN ETHICAL OBLIGATION TO NOT MAKE PUBLIC STATEMENTS REGARDING YOUR GUILT BEFORE TRIAL. HE CAN MAKES STATEMENTS AFTER TRIAL, BUT DOING SO BEFORE IS AN ETHICAL PROBLEM BECAUSE IT POTENTIALLY TAINTS THE JURY POOL BEFORE THE TRIAL. THIS, HOWEVER, DOESN'T APPLY TO THE POLICE.
I mean if I say no to the offer.....I know he is not taking it to trial...there is no way...don't forget the Brady material....Can I ask the judge to dismiss it totally.....and explain why I think that these are retaliatory???? Or will a judge not care???
YOU CAN ASK THE JUDGE TO DISMISS IT TOTALLY BASED ON THE BRADY VIOLATIONS, BUT JUDGES RARELY DO THAT. EVEN IF THE JUDGE DOESN'T DISMISS, HE MAY TAKE IT INTO CONSIDERATION AND MAY NEGATIVELY AFFECT HIS VIEW OF THE PROSECUTION, WHICH IS GOOD FOR YOU. IF HE FEELS THAT YOU ARE GETTING TREATED UNFAILRY, HE CAN MAKE THINGS VERY DIFFICULT ON THE DA.
I might lose my job to this misdemeanor....as I am a person of authority who does access computer data at work in order to perform my job. Do you think I might stand to lose my job? That question might be out of place, but just trying to get your opinion of the matter. thanks again
AS FAR AS YOU LOSING YOUR JOB, IT WOULD BE DIFFICULT TO SPECULATE, BUT I WOULD SAY THAT IT IS A POSSIBILITY. IF YOU HAVE AN HUMAN RECOURCES DEPARTMENT, GO SPEAK TO THEM AND THEY SHOULD TELL YOU WHAT THE COMPANY POLICY IS. I DO, HOWEVER, THINK IT IS SOMETING YOU SHOULD BE CONCERNED ABOUT AND SHOULD CHECK OUT BEFORE YOU MAKE ANY KIND OF A DEAL WITH THE DA.
I think it is a good idea to take the deal. In my experience, juries are unpredictable. I've lost cases I should have won, and won cases I should have lost. It is impossible to know what 12 random people will think. They all bring in their own bias and pre-conceived notions.
It is reasonable that the investigators pressured the ADA into pursuing the case. Part of being a good prosecutor, however, is being able to stand up to the police and tell them when the case is not worth taking. They may get mad and storm out of your office, but that's part of the job of the prosecutor. I don't think that is an irrational thought at all.
I hope things work out for you. Just pay when you get the chance. I trust that you are good for it. Good luck.
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