Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

My son is being charged with 2 counts of First Degree Sexual

Assault of a Minor and...
My son is being charged with 2 counts of First Degree Sexual Assault of a Minor and has been offered a plea bargain of 1 count of First Degree Sexual Assault of a Minor with a 15 year minimum. His lawyer told him to take the bargain and that later he could file for a mis-trial because they violated the fourth, fifth, and sixth amendment while they were questioning him and he gave a statement against himself. Is this true of is this lawyer just trying to get him through the system? Also, if it is true how would he go about filing this and when would he file it?
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 14 minutes by:
11/3/2012
Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 38,719
Experience: 17 years practicing criminal defense.
Verified
Hello,
.
The lawyer knows that once son pleads guilty, then it will be over and it is unlikely that son will actually try to challenge the case once he gets out. Lawyer also knows that he won't have to help with filing any motion for appeal or mistrial because he was involved. So son would have to pay an attorney to challenge the plea.
.
Long story short is that these challenges should be made prior to any trial to challenge the entry of any improperly obtained evidence or any statements he made during questioning prior to being advised of his right to an attorney. I would opine that the attorney may simply be lazy and doesn't want to put the effort into challenging it now.
.
If he pleads guilty, then it is unlikely that he will get around to challenging the case later.
.

.

.

Thanks.

Barrister

.

▼ RATING REQUIRED! Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

I am trying to help you understand and resolve your situation but I don't make the laws, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

 

Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 38,719
Experience: 17 years practicing criminal defense.
Verified
Barrister and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 years ago

mMy son is looking at 15 yrs in prison min. if he take this plea, does that make any difference?

The judge will ask him if he admits responsibility for his actions and whether he understands the potential penalties for the crime. This will hamper his ability to later challenge the case because there is an admission on the record and he is agreeing to the plea knowing that there could be grounds to challenge it.
.
So yes if he pleads guilty, then this will definitely make it harder to challenge. On top of that, he will likely be in prison so would have to hire an attorney from prison and pursue any challenge from prison. This too is pretty unlikely to actually occur.
.
If he has legitimate challenges to the evidence or his statements, the time to challenge it is now by demanding that his attorney file motions to challenge the admissibility evidence.

.

.

Thanks.

Barrister

.

▼ RATING REQUIRED! Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

I am trying to help you understand and resolve your situation but I don't make the laws, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Ask Your Own Criminal Law Question
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 38,719
38,719 Satisfied Customers
Experience: 17 years practicing criminal defense.

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I was on Pre-trial diversion program in Texas, I got
I was on Pre-trial diversion program in Texas, I got arrested in dallas this last weekend for PI and resisting arrest. What happens now?… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,342 satisfied customers
I show up to trial and request a continuance because I have
I show up to trial and request a continuance because I have not recieved discovery? Now this is what I am getting hung up on. I filed request for discovery after the pre-trial. I did not know I was su… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
59 satisfied customers
When in a trial is there a sentencing guideline and the
when in a trial is there a sentencing guideline and the judge said i had a 0 rating what does that mean i have misdameanors and summaries… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I am writing a script about a rape trial in the state of
I am writing a script about a rape trial in the state of Florida. I want to review real jury instructions for my research. Are you able to tell me where I can find real jury instructions for a Florida… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
My sons father is in jail for first degree armed robbery.
my sons father is in jail for first degree armed robbery. its his first offense. if we get a good lawyer do you think theres anyway he wont do time?… read more
FJackson
FJackson
J.D.
2 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Can a defendant fire his attorney in the middle of a trial
Can a defendant fire his attorney in the middle of a trial because he is receiving inadequate counsel? The attorney in question is willing to admit to same.… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
My brother just lost a trial and got convicted of 3 counts
My brother just lost a trial and got convicted of 3 counts premeditated (sorry if I misspell) attempted murder. He was 16 at the time the crime was commited. The victims can't identify him he was arre… read more
AttorneyTom
AttorneyTom
Lawyer
Juris Doctor, BSBA
1,242 satisfied customers
TO A PRE-TRIAL HEARING IN THE AM AND THE CHARGE IS
I AM GOING TO A PRE-TRIAL HEARING IN THE AM AND THE CHARGE IS SHOPLIFTING BY CONCEALING MDSE - 38 VARIOUS FLOWER PACKETS VALUE UNDER $250 OFFENSE COE 266/30A/D I HAVE BEEN UNDER DOCTORS, THERAPIST, AN… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
My neighbor's son was convicted of first degree murder, but
My neighbor's son was convicted of first degree murder, but it fact it was self defense. Well his second trial they discovered that fact and now he has served about 8 years in prison for defending him… read more
ProsecutorEC
ProsecutorEC
Doctoral Degree
71 satisfied customers
My trial keeps getting postponed, is that a good thing?
My trial keeps getting postponed, is that a good thing? Charges, criminal mischief, owi, battery, residential entry … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,342 satisfied customers
I am looking to see if a charge of first degree reckless
I am looking to see if a charge of first degree reckless endangerment can be used if the criminal was on acid and drinking … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,342 satisfied customers
During trial and post trial, court will document the
During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they not conducting c… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,495 satisfied customers
Second opinion] During trial and post trial, court will
Second opinion] During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I was arrested November 11th 2015 for first degree tampering
I was arrested November 11th 2015 for first degree tampering with a motor vehicle. I have not been notified of a court date yet. And also I do not live in Missouri the state in which I was arrested. A… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Rape in the first degree: A person is guilty of rape in the
Rape in the first degree: A person is guilty of rape in the first degree when he engages in sexual intercourse with another person: By forcible compulsion: which means to compel by either: a. use of p… read more
Mitchell Bailey
Mitchell Bailey
Attorney
Juris Doctor
5 satisfied customers
I have a failure to appear first degree for a traffic ticket
i have a failure to appear first degree for a traffic ticket in az it is stalling my employment opportunity with a new job i need it cleared up right away and i live in Nevada … read more
Colleen Grady
Colleen Grady
Assistant Principal
Juris Doctor
405 satisfied customers
I was charged with first degree misdemeanor, this was the
i was charged with first degree misdemeanor, this was the first time this has ever happened, i just wanted to know what my next step is … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x