QUESTION

Would they make a deal on a domestic violence and rape case?

Asked on Aug 22nd, 2011 on Criminal Law - Florida
More details to this question:
First time the person committed a crime and I don't want to drop charges just lower the sentence. Is there a way I can make a deal?
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27 ANSWERS

Gary Moore
It all depends on all the firsts and circumstances of your case.
Answered on Jul 03rd, 2013 at 10:20 PM

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Jacob P. Sartz
There is always the possibility that there may be some type of plea-bargain reached between the prosecutor and defense. However, the prosecutor is not forced to make a plea-bargain offer. Whether one will be available and pursuant to what terms is a matter of negotiations between the prosecutor and defense. You should consult with an attorney to assist you with this matter.
Answered on Aug 31st, 2011 at 5:42 PM

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Appellate Practice Attorney serving Clinton Township, MI at Thomas J. Tomko, Attorney at Law
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You should discuss this with the attorney you hire in this case. In many cases, a charge is reduced by virtue of a plea offer. However, it will vary by case and the facts in the case. More important are the consequences of the plea. If there is a registration requirement, then the plea may not be a favorable one.
Answered on Aug 25th, 2011 at 6:46 PM

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Criminal Law Attorney serving Worcester, MA at Gregory Casale, Attorney at Law
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It sounds like you are the victim and not the defendant. If that is the case, you can certainly make your wishes known to the prosecutor. They should take your position into account. Don't forget, if you are the complaining witness and the state has no other evidence except your word that this happened, you have a lot if influence over the outcome of the case. You should speak to an attorney about your concerns. You need to be careful that you do not violate the law in trying to accomplish your goals as well.
Answered on Aug 25th, 2011 at 12:48 PM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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The prosecutor may seek your input with respect to plea negotiations.
Answered on Aug 25th, 2011 at 11:15 AM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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I have no idea as it depends upon the particular facts of your case and how aggressive the prosecutor wants to be. Domestic violence and rape are VERY serious crimes and very rarely do I see prosecutors "dealing" unless there are serious proof problems with their case. Talk with an attorney.
Answered on Aug 25th, 2011 at 8:57 AM

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It is not up to you as the victim to decide what the charges or penalties should be. You can talk with the district attorney and tell him the facts and what you would like to happen and why. However, it will be up to the district attorney as to the filing and plea offer.
Answered on Aug 25th, 2011 at 5:53 AM

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Criminal and Civil Trials in State and Federal Courts Attorney serving Kenosha, WI
Partner at Rose & Rose
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Your question is impossible to answer. You should consult with the attorney that represents you in the case.
Answered on Aug 24th, 2011 at 7:38 PM

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Family Attorney serving Traverse City, MI at Craig W. Elhart, PC
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The only person that can offer a deal is the prosecuting attorney. If you have strong feelings about the case you should speak with the prosecuting attorney and/or assistant prosecutor handling the case.
Answered on Aug 24th, 2011 at 6:26 PM

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Criminal Attorney serving Bellingham, WA at Andrew Subin Attorney at Law
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Any deals are up to the prosecuting attorney. You can call the prosecutor and tell them what you want to happen, but they do not have to listen to you.
Answered on Aug 24th, 2011 at 6:15 PM

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Roianne Houlton Conner
Yes, there can be a deal as to the punishment as oppose to dropping the charges.
Answered on Aug 24th, 2011 at 5:33 PM

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Business Attorney serving Denver, CO
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Often prosecutors will offer plea agreements on such a case.
Answered on Aug 24th, 2011 at 4:48 PM

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Steven D. Dunnings
That is up to the prosecuting attorney. If he raped you, why do you want to reduce the charge. Sounds as if you need to get some therapy.
Answered on Aug 24th, 2011 at 4:38 PM

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Different jurisdictions have different ways of negotiating sex cases. Some prosecutors are willing to negotiate on a case to spare an alleged victim the difficulty of testifying, other prosecutors try to manage heavy case loads through negotiation, and most prosecutors are willing to negotiate if there case has weaknesses.
Answered on Aug 24th, 2011 at 4:26 PM

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Criminal Law Attorney serving Exeter, NH
Partner at Russman & Phinney
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It is possible in every case to strike a deal/negotiated disposition with the state regarding virtually every type of case.
Answered on Aug 24th, 2011 at 4:23 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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Are you the victim? The prosecutor has a duty to inform you of all proceedings and to seek your input, but the final decision will be up to the prosecutor. They almost always offer some sort of plea deal in terms of lowering the charges and/or agreeing to a sentencing cap in order to avoid going to trial and making you testify and to avoid clogging up an already crowded court docket. Tell the prosecutor how you feel and you also have a right to be heard at the sentencing hearing.
Answered on Aug 24th, 2011 at 11:02 AM

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Michael J. Breczinski
My question is "Are you the victim?" If you are then talk with the prosecutor about your concerns. He will take them into account when dealing with the case.
Answered on Aug 24th, 2011 at 10:44 AM

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Samuel H. Harrison
Once a person is charged with a crime, the victim becomes little more than a witness. You don't get to tell the state how to proceed. The best you can do is talk to the people in the District Attorney's office, tell them what you think should be done, and hope they listen.
Answered on Aug 24th, 2011 at 10:38 AM

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Criminal Defense Attorney serving Dunedin, FL
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Only the State Attorney's Office has the ability to make a deal. In cases that involve rape, they tend to be sensitive to the feelings of the victim. You may contact the State Attorney and let them know your position, but it is ultimately up to them. Prior to making your position known, I suggest you seek out counseling. There are many reasons a deal may be cut. If you have a fear of testifying, this can be a valid reason. Because this person has no prior record may or may not be a good reason. You may be simply the first person who reported rape concerning this person. An individual who feels that rape is ok may rape again. I'm sure you are experiencing many emotions. Again, I urge you to seek counseling before making such a really important decision. Good luck.
Answered on Aug 24th, 2011 at 10:31 AM

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Drug Charges Attorney serving Houston, TX at Cynthia Henley
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Assault resulting in bodily injury is a class A misdemeanor which could result in up to 1 year in the jail and up to a $4,000 fine. Here is the statute on sexual assault: Sec. 22.011. SEXUAL ASSAULT. (a) A person commits an offense if the person: (1) intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or (C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or (2) intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. (b) A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1) the actor compels the other person to submit or participate by the use of physical force or violence; (2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat; (3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist; (4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it; (5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring; (6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge; (7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat; (8) the actor is a public servant who coerces the other person to submit or participate; (9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor; (10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; or(11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code.
Answered on Aug 24th, 2011 at 9:56 AM

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No one can know this information without actual knowledge of the case. This is something that must be answered by the attorney that is handling the matter.
Answered on Aug 24th, 2011 at 9:39 AM

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Criminal Defense Attorney serving Tustin, CA
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Not without the help of an experienced criminal defense attorney.
Answered on Aug 24th, 2011 at 9:12 AM

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Prosecutors weigh the strength of their case and the defendant's prior criminal history, if any, and make plea recommendations based on avoiding a trial. Usually a plea to lesser offenses will be offered.
Answered on Aug 24th, 2011 at 8:46 AM

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Geoffrey MacLaren Yaryan
You can always "make a deal" depending on what the DA wiill settle for, and what the judge will accept.
Answered on Aug 24th, 2011 at 6:37 AM

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Criminal Law Attorney serving Boulder, CO
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Rape is a really serious offense no matter how many times it is done. A deal is possible, but no one should attempt to one of these without an attorney. The consequences include life in prison and lifetime probation or parole. Do not discuss any aspect of the case, allegation, relationship, where you were, etc with anyone other than a lawyer that knows how to defend these cases. Beware of the pre-text phone call where the victim calls and pretends to just want you to admit it. This phone call is being recorded by the police. It will be used against you. If you get such a call, listen, say nothing. If you say anything, it should only be "thats not what I remember about that day/night." But, it is best not to talk at all.
Answered on Aug 24th, 2011 at 6:19 AM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Can the case end up being reduced or dropped? Sure. Is that likely, just because you want it? No, the police and DA don't spend time and money arresting, charging and prosecuting cases only to drop them without a fight. DV charges are vigorous prosecuted in CA. What can you do? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. The attorney will try to get a dismissal, diversion, reduction, or other decent outcome through plea bargain, using whatever facts and evidence is available, or take it to trial if appropriate.
Answered on Aug 23rd, 2011 at 8:07 PM

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Contract Negotiations Attorney serving Miami Lakes, FL at Florido & Associates, P.A.
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You can almost always make a deal.
Answered on Aug 23rd, 2011 at 8:06 PM

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