Jury trial or make a deal with a prosecutor?

[luex]

Which is better? Jury trial or making a deal with a prosecutor?

 

[Logan44551]

Which is better? Jury trial or making a deal with a prosecutor?

More information is needed

 

[luex]

Somebody had been accused of sexual assault. All they have on this guy is circumstantial evidence.

 

[Logan44551]

If it was me and I was Innocent I would take it to trial. What are they offering you if you deal? What happened thought they weren't filling charges on you?

 

[luex]

This individual is innocent. No offers have been made to him but they would possibly accept a psychological examination costing 2k. He would be 12k deep into this if he were to accept that.

 

[ICD-HardThings]

It would depend a little more than just innocence for me to take it to trial. Sadly enough our justice system doesn't always provide the due process guaranteed to us. If this said individual can afford good independent counsel take the fucker to trial. If all that can be granted to him is court appointed counsel the best option may be a plea to a lesser charge in exchange for a guilty plea. It's not right but all to often individuals that can't afford counsel take pleas because court appointed counsel will most likely not have their best interest in mind.

 

[mdhx3]

This individual is innocent. No offers have been made to him but they would possibly accept a psychological examination costing 2k. He would be 12k deep into this if he were to accept that.

I'm assuming that is a felony charge....it is in my state. Has it been indicted by the grand jury yet? If not; chances are good for nolle presequi IF the evidence is crap.

 

[luex]

Private attorney has been hired by him. That was 10k alone. The evidence is just messages that are circumstantial- and he said she said.

Misdemeanor charge- 9 months jail time.

 

[Evom1]

If it goes to trial and the defendant wins, the charges will still be on his record, just not conviction

 

[DrinkFlintWater]

Years ago, when I was rotting away in county jails, i always grabbed the first plea. However, if i was on the street, always reject the first plea.

 

[mdhx3]

Private attorney has been hired by him. That was 10k alone. The evidence is just messages that are circumstantial- and he said she said.

Misdemeanor charge- 9 months jail time.

Is it termed "sexual assault" or "domestic violence" in the booking?

For a sexual assault case to stand (in my state), there has to be a chain-of-custody rape kit done, generally at a hospital; or a telephone recorded/written admission of guilt; or a witness.
He said-she said stuff doesn't make it to trial often.
However, I am no attorney. I have just had to testify on a few sexual assault cases; and ALL of them had at least one of those pieces of concrete evidence. I never was called on any "alleged" sexual assault charges.

 

[mdhx3]

If it goes to trial and the defendant wins, the charges will still be on his record, just not conviction

Sad, but very true...

 

[luex]

Charges can be expunged after 2 years of being on his record..he looked into that as well did his attorney. 2k + a dismissed case would be what his attorney asks the prosecutor for..or possibly face the jury.

It’s classified as a sexual assault case.

 

[ickyrica]

I assume this is your old issue reaching back to bite you in the ass?

 

[luex]

@ickyrica a friends case.

 

[mdhx3]

Charges can be expunged after 2 years of being on his record..he looked into that as well did his attorney. 2k + a dismissed case would be what his attorney asks the prosecutor for..or possibly face the jury.

It’s classified as a sexual assault case.

I guess if I had paid 10K for counsel without even going to trial yet; I would probably trust my attorney's advice. That is a big fee for no trial work......got to be a good one.

 

[Logan44551]

@ickyrica a friends case.

A 'friends case' ? Seems to me you aren't being forthcoming with this whole situation.

 

[wedorecover]

For a sex case and i didn’t do it trial ... im not signing shit ....

 

[Sp2.0]

I wouldn't want a sexual assault conviction on my record even if it could possibly be exponged later. I'd have to fight that all the way.

 

[luex]

“Best” attorney in the area. Sorry @Logan44551 he doesn’t want me to go in depth too much.
@wedorecover he is afraid the jury will side with the woman and be wrongly convicted. This is his first time ever being in any kind of trouble. Not even a speeding ticket.
@Sp2.0 but if he is wrongly convicted he would serve time.. and putting his life in the hands of a jury is scary.