Criminal Law Questions? Ask a Criminal Lawyer.
Hi. It will be my pleasure to assist you with your question today.I'm sorry to hear about your situation. Usually in a plea deal such as the prosecutor is offering there may be an agreement that you take no action against the sheriff's office and officers, such as a request that you waive your right to sue them civilly and release them from any liability. Generally, a plea deal would not involve waiver of an action against anyone else involved, or an agreement not to "say" anything. If you are a business person and need to defend yourself regarding the charge in the community, you need to be able to speak and respond to the charges, including that you were falsely accused. If you have no intention of suing the police (or the victim if she is included in the release), then a limited waiver of the right to sue and release of liability which is part of the plea deal should not prevent you from accepting it.On the other hand, if you go to trial, based on the facts described, you may be found not guilty, but there is no guarantee. With the plea bargain, you know what you're going to get, and, when it's brought up against you in the business community you can truthfully say that it was dismissed for lack of evidence - they didn't even bring you to trial. You can ask if that the prosecutor would agree to dismiss the charges without you having to sign anything. I don't know how close you are to trial, but the prosecutor does have the authority to dismiss the case without you signing anything, especially where you should not have been charged in the first place and you have already suffered from the accusation. The worst they could say is no. It is unlikely they would retract the offer that's now of the table. Bargaining goes both ways.In the end, it is your decision.Please feel free to ask any follow-up questions.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).