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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 23017
Experience:  14 years practicing criminal defense.
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My son is being charged with 2 counts of First Degree Sexual

Customer Question

My son is being charged with 2 counts of First Degree Sexual Assault of a Minor and has been offered a plea bargain of 1 count of First Degree Sexual Assault of a Minor with a 15 year minimum. His lawyer told him to take the bargain and that later he could file for a mis-trial because they violated the fourth, fifth, and sixth amendment while they were questioning him and he gave a statement against himself. Is this true of is this lawyer just trying to get him through the system? Also, if it is true how would he go about filing this and when would he file it?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Barrister replied 1 year ago.
Hello,
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The lawyer knows that once son pleads guilty, then it will be over and it is unlikely that son will actually try to challenge the case once he gets out. Lawyer also knows that he won't have to help with filing any motion for appeal or mistrial because he was involved. So son would have to pay an attorney to challenge the plea.
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Long story short is that these challenges should be made prior to any trial to challenge the entry of any improperly obtained evidence or any statements he made during questioning prior to being advised of his right to an attorney. I would opine that the attorney may simply be lazy and doesn't want to put the effort into challenging it now.
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If he pleads guilty, then it is unlikely that he will get around to challenging the case later.
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Thanks.

Barrister

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▼ RATING REQUIRED! Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

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If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

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I am trying to help you understand and resolve your situation but I don't make the laws, so the outcome may not be what you had hoped for.

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Please be patient as I am typically working with several customers at any given time.

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I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

 

Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 23017
Experience: 14 years practicing criminal defense.
Barrister and 3 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

mMy son is looking at 15 yrs in prison min. if he take this plea, does that make any difference?

Expert:  Barrister replied 1 year ago.
The judge will ask him if he admits responsibility for his actions and whether he understands the potential penalties for the crime. This will hamper his ability to later challenge the case because there is an admission on the record and he is agreeing to the plea knowing that there could be grounds to challenge it.
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So yes if he pleads guilty, then this will definitely make it harder to challenge. On top of that, he will likely be in prison so would have to hire an attorney from prison and pursue any challenge from prison. This too is pretty unlikely to actually occur.
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If he has legitimate challenges to the evidence or his statements, the time to challenge it is now by demanding that his attorney file motions to challenge the admissibility evidence.

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.

Thanks.

Barrister

.

▼ RATING REQUIRED! Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

I am trying to help you understand and resolve your situation but I don't make the laws, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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