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How would a assault charge 3rd degree affect a juvenile’s…

How would a sexual...

How would a sexual assault charge 3rd degree affect a juvenile’s future? My son has been offered a plea deal that if he pleads to sexual assault they will drop the false imprisenment charge. He is 15yrs now and was 14yrs when it happened. He says he is not guilty yet there are statements from the girl in middle school it happened to with some details and her sister and sister’s boyfriend claim it happened. The sister was there that night and was having sex with the guy friend that my son was hanging out with. He has a previous sexual assault charge that he took a plea on a couple years ago. This is also going against his chances of winning a not guilty stance. Of course I would like to think he is not guilty but I was not there when this supposedly took place. What should I help him consider as he decides what to do? I feel as though the public defender wants me to convince him to take a deal.

Lawyer's Assistant: Does he have any upcoming court dates on the charges?

Yes on April 25th. It was continued. The sexual assault charge is also considered a probation violation I believe since he is on probation. This complaint was made by the older sister to the Highschool and the school reported it to the police.It sounds as though maybe the accuser’s family is not wanting to have to testify in court but I am not sure.

Lawyer's Assistant: In what state did this occur?

Nebraska

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I do not think so. They can ask me anything else if needed.

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Answered in 13 minutes by:
3/14/2018
Jonathan Holson
Jonathan Holson, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 132
Experience: Associate at Martin and Wagner, P.A.
Verified

Having a juvenile adjudication on his record is not a good thing. Especially if he has a prior adjudication. It could affect his future in terms of getting into college if that is something he wishes to pursue. Additionally, depending on Nebraska's or another state's sentencing laws, it could also be used against him in the future if he were to commit a crime as an adult. I would assume that any admission to the allegations will carry out of home placement, programming requirements (such as counseling or sex offender treatment), community service requirements, etc. It ultimately is his attorney's role to give your son legal advice of how to proceed and information about what the consequences of pleading guilty vs. going to trial are. The alleged victim would have to testify if you son pursued a trial, but that trial would likely be to a judge rather than a jury as juveniles are not entitled to jury trials. What other sorts of questions do you have?

Jonathan Holson
Jonathan Holson, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 132
Experience: Associate at Martin and Wagner, P.A.
Verified
Jonathan Holson and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 5 months ago
As his mother I felt the public defender wanted me to encourage him to take the plea. Why would this be and is it ultimately my son’s decision or should I support one way or the other? He took a plea for the other sexual assault case. Is adjudication the same as taking a plea or different? The last charge in the end stated he acted in an menacing manner towards the person instead of sexual assault in order to avoid a felony if I understood right. Will his previous acceptance of the plea already affect his future possibility of going to college? The public defender is not very open to answering my questions and made the statement that they are very busy. This is way I contacted your service online. Maybe I just do not ask the right way. Not sure.
Phone call session started
Customer reply replied 5 months ago
I have my phone on me waiting for your call when you can. Thank you.
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