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A friends son who is 37 had sex with a 12-year-old girl who

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A friend's son who is...
A friend's son who is 37 had sex with a 12-year-old girl who claimed to be (and he believed to be) 23-years-old, who he met on myspace. He gave a full confession during his initial police interview, however, no evidence could be obtained through the computer which was seized and evidence taken from his apartment. All they have is his confession. The DA is offering that he plead guilty to a 1st degree felony with a maximum sentence of 16 years or to plead guilty to 2 or 3 second degrees with no agreement on sentencing (up to the judge), but could be up to 13 years. What should he do ? He has an attorney who it seems only deals with plea bargins. He was under EXTREME emotional distress when he was interviewed and confessed after finding out this girl's age. How does that confession hold up under those circumstances ?? This is in the state of New Mexico.
Submitted: 8 years ago.Category: Criminal Law
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12/1/2008
Criminal Lawyer: Samuel II, Attorney at Law replied 8 years ago
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
Experience: Handle criminal matters in both state and federal courts.
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hi

 

he needs to have an attorney who will take the time to examine how the confession was taken - to try to get it thrown out -

 

it is possible it the method in which it was taken/given is out of line with rights under the US Constitution, etc

Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
Experience: Handle criminal matters in both state and federal courts.
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Customer reply replied 8 years ago

If the confession were no good, then would they want to take him to trial. If they have no evidence, why would he accept any plea bargin which essentially is pleading guilty ?

Criminal Lawyer: Samuel II, Attorney at Law replied 8 years ago

hi

 

the lawyer needs to see how the confession was obtained - were his rights read to him, did he waive having an attorney present - was he under duress. yes, if there is no confession that was legally obtained, then it would not make sense to take a plea bargain - without the confession, it appears, they have nothing

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