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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27074
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am confused as to what you are saying. My son choice

Customer Question

i am confused as to what you are saying. My son choice abench trial not a plea bargain he was innocent and wanted to prove it. Was proven innnocent. Why wouldn't that work for him this time no previous charges for 2 yr. We were told that red flag has been
raised against people making false reports. So why wouldn't this help him in trial.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
Hi again,
Perhaps I misunderstood your question. Here's what I thought you told me.
Two years ago your son was charged with a battery, turned down a plea offer and went on to win his case at a bench trial.
Now he has a new case with the same complainants. This time around he took a plea agreement involving probation and a deferral. You think he should try to take his plea back and go to trial because you think that he will have to win.
The fact that these people brought charges before and lost is good for your son. But this is a new case and a different case. The facts are not the same as the case two years ago, and the testimony before the judge will not be the same as it was two years ago either.
Your son may win this case at trial. But he may also lose it because it's NOT THE SAME CASE. And the facts won't come out the same way.
When he makes his decision about what to do about this case, he has to consider that a win is not a sure thing. As long as he understands that, if he wants to take a chance at trial, that's what he should do.