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Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27689
Experience:  25 years experience practicing attorney
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My kids dad is being accused of attemp murder and aggravated

Customer Question

My kids dad is being accused of attemp murder and aggravated battery but now the prosecuter has evidence that the person it happen to has been lying about everything she told them so nor the prosecuter is trying to get him to plea and the prosecuter doesn't want to go to trial on this case what.should we do all the evidence show what my friend said is true and she.has been lying about now since the prosecuter has found out she's been lying she want him to just plea out. What does it mean when prosecuter doesn't wanna take the case to trail
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 4 years ago.

-Could you explain your situation a little more?
Is he represented by an attorney?

What does the prosecutor want him to plead to if the witness is not telling the truth and there is no evidence?

Customer: replied 4 years ago.
She trying to get him to plea to a b aggravated battery 6 years do 3 the person who saying she was cut admitted to the.lawyer that she had been lying on him to keep him in jail is what she stated on the deposition she was giving basically they divorced and she mad because he has had children by me and she has sent me threats and email stating if I can't have him he will be gone away
Expert:  Dave Kennett replied 4 years ago.
Dear JACUSTOMER - Since I'm not your boyfriend's lawyer I cannot offer specific legal advice and I have no way of reviewing the entire file. Attempted murder is a very serious charge so going to trial and losing could result in a long sentence. On the other hand, I don't recommend pleading guilty if a person is innocent. So if your boyfriend did absolutely nothing and everything is a lie and it can be shown that the witness is not telling the truth then he should go to trial. If, however, there was some type of assault that can be proved then he may want to take the deal and guarantee that he will not have to be in prison for a long time. He needs to make the decision and no one can force him to plead guilty.
Customer: replied 4 years ago.
They said they will drop the attemp murder if he plead guilty to the aggravated battery
Expert:  Dave Kennett replied 4 years ago.
Right. That's the way a plea bargain operates. He would avoid the more serious charge and plead to the lesser offense as I explained in my answer above. If he doesn't take the deal then he would be tried on the attempted murder charge and if he loses he would be sentenced on that which is likely to be for a lot more than 3 or 6 years. I just can't make the decision for him so he has to decide whether he wants to take the risk of spending half his life in prison or whether he wants to take the deal and be out in 3 years.

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