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SmithEsq
SmithEsq, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 114
Experience:  Experienced practicing criminal lawyer ready to answer your questions regarding charges, laws, bail and more.
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I was convicted of rape 14 years ago in Washington. I completed

Customer Question

I was convicted of rape 14 years ago in Washington. I completed a Sossa program which included 6mo of jail time followed by five years of probation. I have no other criminal history but was ticketed for soliciting a prostitute in Oregon ecently. Is it likely that i will receive jail time with this charge.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  SmithEsq replied 1 year ago.

SmithEsq : Hi. I'm a licensed attorney. I would like to do a little research on your question and get back to you, is that alright?
SmithEsq : Just to clarify, you've had no criminal contact in 14 years?
Customer:

yes that's correct

SmithEsq : If its ok with you I'm going o research the issue briefly and get right ack to you.
SmithEsq : One thing that occurred to me is whether or not you are currently a registered sex offender for that rape. If not, thu may treat this soliciting ticket as they woul anyone else-give you a diversionary option and even have a possibility of expungement. You need your lawyer to argue that under the law muoure wiped clean. And the courts should handle this matter as they would someone with no criminal record. If your lawyer can convince a DA and the courts of this, this may not be a big thing after all.
Customer:

i have one more year of registering

Customer:

i know im an idiot for having done this i never knew that it was a crime if you didnt make the exchange of giving the money, i know i wouldnt have gone through with it, i just play with the idea, i have picked girls up in the past but i just tell them that i cant go through with it and i give them some money for wasting their time.

SmithEsq : No point shaming yourself now-let's get to the bottom of your situation. I firmly believe knowledge is power. You will become more educated in your situation not only so you know what can happen to you but so you can take the reigns, along with your lawyer in determining your next step or final outcome. SI my role is to help you better understand where you stand. I know this is personal information I need to know a little about the rape charge. I'm in a car right now and can't give you the attention you deserve-but I'll be home soon and online quickly to resume this question. Thank you for your patience.
Customer:

it was against my wife at the time, i think my charge was over inflated as i didnt use physical force to overcome her and i stopped short of having full intercourse, only fingered, she had been requesting that i have sex with herby waking her out of her sleep, i would usually start bytouching her just to arouse mysrlf, tge first time i did this she started saying no but tgen told me she didnt mean it and was just her initual reaction

Customer:

she told me tgat if she said no it didnt mean no. on the night of my charge we had a fight and tgat nighti tried to do what i had done before and she started saying no but i continued until she started crying, i was charged with rape because

Customer:

i had made penetration with my finger, i still feel that i was not guilty of rape but i do feel that i struggle with sexual addiction in fact i am going to start attending saa meetings this week as well as finding a mariage coumdelor for my new wige of 10 years

SmithEsq :

Make sure your current attorney knows the facts of that case. It is vitally important he/she be able to distinguish to the courts and the DA between your situation and the image of a violent rapist that comes up in poeple's heads. So make sure this is known right away.

SmithEsq :

Did you go to your first court date yet or did you just get the summons?

Customer:

not yet

Customer:

thank you for your advice, do you thi.k there is a chance that i can do john school and not have jail time, i think i might lose my job if end up going to jail

SmithEsq : As a general rule, if they give you a summons on the spot and don't take you in, then it's unlikely you will do jail. Excet under specific circumstances, people don't usually "step in". Of course there's examples where people do, but an officer has the discretion to bring you n for processing or to give you a summons. In most cases that decision determines your fate. Unless it is statutorily mandated, it is unlikely you will do jail.
SmithEsq, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 114
Experience: Experienced practicing criminal lawyer ready to answer your questions regarding charges, laws, bail and more.
SmithEsq and 5 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

the officer asked if i had ever been atessted which i replied yes then he asked if i had been arrested for prostitution i replied no, they held me for a while and then releasef me, do i need to get a lawyer before the court date and how much should i expect to pay


thank you again

Expert:  SmithEsq replied 1 year ago.
Sorry for the delay-If you don't qualify for a public defender, a private lawyer will charge based on how he/she perceives the case. I honestly only know some basic figures and they're NYC felony figures so I can't be too helpful with that one but if its just a misdemeanor and will likely be resolved in one court appearance I can't see it being more than $1,000. (If that much). What's important to know is you should not speak in court without a lawyer ever. It's never ever a good idea so make sure you either bring a lawyer, or if you are going to try to get a public defender you only speak about obtaining a public defender but DO NOT TALK ABOUT YOURSELF OR YOUR CASE! okay?

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