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My son has been accused of having sex with his 16 year old…

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My son has been accused...
My son has been accused of having sex with his 16 year old step daughter. The charges are3 counts of aggravated sexualassault and1 countendangering the welfare of a minor. He has been in jail since Oct.27,2009 and hasn't been indicted.the prosecuter is now offering a 5 year flat with one count of endangerig the welfare of a child and Meghans Law.He is innocent of charges. Is it worth taking to trial.
Submitted: 8 years ago.Category: Criminal Law
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Answered in 3 minutes by:
6/27/2010
Criminal Lawyer: dkennedy, Criminal Defense Lawyer replied 8 years ago
dkennedy
dkennedy, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 6,009
Experience: J.D. degree, 15 years practice
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dkennedy :

Hello,

dkennedy :

It's tough to say whether this is worth taking to trial or not. A big part of it is, of course, if he is guilty, or if he believes there is enough evidence to convict him. Knocking the charges down to one charge of endangering with a flat 5 is a good deal if he thinks he is sure to be convicted if he goes to trial.

dkennedy :

If he goes to trial and is acquitted would naturally be the best, XXXXX XXXXX a big chance to take.

dkennedy :

Sometimes offering a deal to drop so many charges (3 counts of agg assault) means they have a weak case. Or, it could mean that they don't want to have to put the girl on the stand.

dkennedy :

He definitely needs to discuss this with his attorney and make the decision with his or her advice. The attorney would have access to the evidence and be aware of how good of a case the state has.

dkennedy :

In any sex related case, you always have to consider the current public opinion and what the jury might think. These are emotion-filled cases and that can really make a difference I think.

dkennedy :

Defendants often think, "if I am innodent and just tell my story, I will be found innocent." I wish that were always true. Jurors have their own biases, their impressions, their emotions--along with the facts. Nothing's a sure thing.

dkennedy :

I wish I had a more definite answer than this. Yes, it sounds like a good deal. But only he and his attorney can make the final decision.

Customer:

Is there any chance that he could take the child endanger count and not have megans law

dkennedy :

Extremely unlikely. If he is getting 3 serious charges dropped, he's probably gone as far as he can go. Besides, Texas law requires it for sex related offenses. Although an endangering charge isn't necessarily a sexual related charge, in this case, it would be and Megan's law would apply.

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