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My son just accepted attempted forcible touching plea with a…

My son just accepted...

My son just accepted attempted forcible touching plea with a year’s probation . He suffers from schizophrenia. He’s getting a years probation. Why wasn’t the case thrown out? He is on meds now & records were presented to his public defender...

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Onondaga county NY

Lawyer's Assistant: Have you talked to a lawyer yet?

No. My son has.

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Answered in 1 minute by:
3/10/2018
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 32,405
Experience: 10+ years defending Misdemeanor and Felony cases.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good morning. Was he competent to stand trial? Was he evaluated?

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Customer reply replied 4 months ago
Good morning. He was not evaluated by the court. He pled not guilty.
Thank you for the reply. What was the basis for which you think this should have been dismissed by the court? I just want to make sure I understand everything.
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Customer reply replied 4 months ago
He went to a treatment facility after & got on meds that has him as lucid now. He was in & out of CPEP (an emergency psychiatric treatment facility when this incident happened.) He had been given a 3 month shot of medicine & was sent home when this incident occurred at a local grocery store.
Customer reply replied 4 months ago
His mental capacity at the time was extremely poor.
Thank you. This would have been a legal defense that needed to be raised if it was relevant or an issue about him being competent to stand trial. If he took a plea him and his attorney felt it was in his best interest to do so and if he was not aware of what he was doing or was forced to do this he must try and vacate the plea and would need to go to trial and fight this.
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Customer reply replied 4 months ago
He was aware. I just searched on line & found cases were grown men did much worst & was fined $250 no jail no probation. My son is 21, 20 at the time & was literally out of his mind. He wants everything to be over. So do I. But how is this justice?

I do understand and this was the plea deal that was agreed on and worked out, with him and his attorney and the State. For a charge like this, I am unaware of the State offering a plea deal of just a fine but if the sentence was legal and he agreed to it, it would be valid.

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Customer reply replied 4 months ago
Is it to late for me to hire an attorney on his behalf? Court is tomorrow evening & I’m worried about the long term affects this will have on his life.

What is court for? To sentence him? Tomorrow is Sunday, so I do not believe the courts are open

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Customer reply replied 4 months ago
Sorry long week. I meant Monday evening. I guess for sentencing. I posted bond for him. I have not gone into court with him. I couldn’t take it.
Customer reply replied 4 months ago
He ended up spending about 6 hours in jail but it was enough to shake him up. The whole time he was worried about being in jail with no meds.

Thank you. Yes, if he is going to be sentenced Monday and does not want to accept the plea and go forward he needs to inform his attorney now of this and the court and advise he wants to retain private counsel and now go to trial and fight this. As I shared, you can not look at other cases, since each case is independent of itself and need to look at the facts of this case, what happened and what the state is offering. If he is charged with a felony probation does accompany it, so I am not aware of any felony charge that was simply a fine, to be honest.

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Customer reply replied 4 months ago
Is attempted forcible touching a felony?

It depends on the degree. Here is a link. If you know the code he is charged under, it can be narrowed down. Even if it was a misdemeanor, for a charge like this, simply a fine and court costs is rare and just because it was another case, does not mean the State has to offer it here.

http://ypdcrime.com/penal.law/article130.htm

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Customer reply replied 4 months ago
It says that it’s a class A misdemeanor for forcible touching. But it was reduced to attempted forcible touching. But that’s not listed here... What would be less than a class A misdemeanor?

It would remain a misdemeanor then.

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As I shared, the issue is if he wants to proceed and take the plea or fight this and go to trial. I say this because the Judge is not going to allow him to not proceed and try and renegotiate when this was agreed to and the State does not have to budge. It is a matter of does he want to fight this, was he aware of what he agreed to and was he informed by his attorney.

CrimDefense
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