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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102192
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My uncle was arrested child rape 1x2, chiled molestation1 x

Customer Question

My uncle was arrested child rape 1x2, chiled molestation1 x 2 and plead not guilty. Bonded out on one hundred thousand bond. Now can't stand the guilt and wants to plead guilty and get into a sexual deviant program. If he goes in and tells his court appointed lawyer will he go directly to jail? Or can he stay out and get on a program and serve some jail time.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about your family's situation.
1) If he tells his appointed attorney that he is guilty, or that he wants to plead guilty, etc, his appointed attorney can advise him as to whether or not this is wise, and what are the options. However, his appointed attorney is bound by attorney/client privilege and cannot reveal the conversation to the D.A., or the Judge, or anyone else. So simply asking his attorney about the possibilities of pleading guilty, etc, is not going to trigger the attorney going to tell everyone else. On the contrary, the attorney should not reveal any of this to anyone else.
2) Say that his attorney and him agree that a guilty plea is the best option. Well, then this happen in one of two ways:
(a) He simply pleads guilty and begs mercy from the court. Any charge having to do with child abuse in WA unless the child is over 16 is pretty much a felony, and frankly, he is very likely to be sentenced to at least some imprisonment time.
(b) Alternatively, his attorney can contact the D.A. and ask the D.A. about a plea deal. In exchange for not going to trial (this means lots of work and preparation time for the D.A.'s office), the D.A. may offer a plea deal which involves REDUCED charges and/or NO imprisonment. I will be honest however and state that if he is charged with severe abuse, the chances of the D.A. offering no jail time is unlikely. However, it would likely be less than he would receive if he simply pleads guilty and asks mercy from the Court. The Court will normally agree to whatever plea deal is struck between the parties.
Good luck.
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