QUESTION

Guilty plea or trial

Asked on Jan 25th, 2018 on Criminal Law - Pennsylvania
More details to this question:
My child is a victim. The juvenile offender is charged with 2nd and 3rd-degree felonies. He would plead guilty to the 3rd-degree felony if the 2nd degree is dropped. What happens if we reject the guilty plea and insist on having a trial? My daughter is 6 years old, the offender is 11 years old. We have a video showing part of the assault. Would the video be enough as an evidence so he will be charged with the 2nd-degree felony? Is there any way to have him sentenced to stay in detention instead of probation? I also want him to stay away from my daughter. Can I have the criminal court judge order him to stay away?
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1 ANSWER

Criminal Law Attorney serving Exton, PA at Hyde Tebay Legal
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These are not simple questions that you are asking, and I am sorry you are in such a dificult situation.  First, you do not have the power to reject a plea.  I think its important to understand that because the DA has to solicit your response by law but does not have to follow your wishes.  In many cases to spare a 6 year old from having to testify the DA will offer some sort of deal to end the case.  That does not mean you should not make your feelings known.   Secondly, in Juvenile cases the sentencing is very different from adult cases.  f2 vs f3 does not make that much of a difference because any conviction can put that person under supervision until they are 21.  It's kind of an interesting twist in the system.  Detention vs. Probation is up to the judge.  You can ask for it but the judge will do what they think is right based on a myriad of factors.  Finally, the judge will almost certainly order a stay away as a condition of any sentence.  These are serious questions, at some point I hope you are speaking with your victim advocate about these issues.  Most juvenile probation departments have a party assigned just to help you out.  If not you should contact the District Attorney handling the case.  If they can't help  you should contact a local attorney to make sure you and your daughters rights are being protected.  REmember the DA does not represent you, they represent the Commonwealth.  
Answered on Jan 29th, 2018 at 8:05 AM

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