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RBinJax
RBinJax, Lawyer
Category: Criminal Law
Satisfied Customers: 731
Experience:  I am a former Public Defender, and have handled criminal cases for 25 years.
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JUDGE MATHIS, I HAVE A 21 YEAR OLD SON, HE WAS ARRESTED LAST

Resolved Question:

JUDGE MATHIS,
I HAVE A 21 YEAR OLD SON, HE WAS ARRESTED LAST YEAR ON CHILD MOLESTATION CHARGES. THE CHG WAS LATER CHANGED TO STATUTORY RAPE. HE SAYS THAT HE DID KNOW THE GIRL'S AGE. HERE'S HIS SITUATUION, HE DRIVES TO THE GIRL'S HOUSE, SUMMONS HER TO COME OUT BUT THE GIRL'S (UNCLE) WON'T LET HER LEAVE, SO MY SON LEAVES BUT THE UNCLE TELLS MY SON TO COME BACK SO THEY CAN TALK, MY SON GOES BACK TO TALK AT WHICH POINT THE UNCLE RETAINS MY SON AND CALLS THE POLICE. UPON ARRIVAL THE POLICE DISCOVER THAT THE CAR MY SON WAS DRIVING WAS STOLEN AND HE IS ARRESTED & CHARGED WITH THEFT BY RECEIVING. HE SAYS A FRIEND LET HIM DRIVE THE CAR. HE POST BOND BUT THEN REARRESTED & CHARGED WITH CHILD MOLESTATION. HE PLEADS GUILTY TO STATUTORY RAPE & RCVD 10 YEARS TO SERVE 3. HE HAS SERVED 1 YEAR NOW. NOW ARRAINMENT FOR THE CASE OF THEFT BY RECVING IS UP AND HE PLEADS NOT GUILTY ON THE ADVICE OF HIS ATTORNEY BECAUSE HE SAYS HE DIDN'T STEAL THE CAR. DID HE DO THE RIGHT THING & WHAT SHOULD HE DO NOW?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  RBinJax replied 8 years ago.

Your son absolutely did the correct thing by pleading Not Guilty to the theft charge. He has raised defenses which could lead a jury to have a reasonable doubt as to whether he had anything to do with 'taking' the car or had any knowledge that it had been taken illegally.

Even if the evidence does not support him as strongly as you hope it will, he needs to allow his attorney the leeway to obtain as favorable a plea bargain as can be had, and the only way to do that is to plead Not Guilty and let the attorney investigate the case fully. This is particularly true in a case such as this where the first offender statute comes into play.

What he needs to do now is allow the attorney to do his job by investigating the case, and give the attorney all of the cooperation and assistance he can to do so.

I hope this answers your questions. Please click Accept so that I may be credited for my assistance. Thank you and good luck.

 

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