Falsely accused of sexual abuse by a 6 year old, being offered a 2 year deal I don't want to take.

Asked 9 months ago - Watertown, NY

I would be willing to take 6 months and probation to avoid trial .. is this possible to counter offer in NYS? Not indicted as of yet .. DA said he would indict if I didn't take the deal.

Attorney answers (6)

  1. Eric Edward Rothstein

    Contributor Level 20

    4

    Lawyers agree

    Answered . Your lawyer can make any offer you want but this is not the place to seek advice on such an important situation. You are talking about having a felony record for life and likely having to register as a sex offender. You need to go to your lawyer's office and go over the DA's case in great detail. Is there anything to corroborate the 6 year old's account of what took place? There are so many questions to ask you.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was... more
  2. Stephen Charles Cooper

    Contributor Level 18

    3

    Lawyers agree

    Answered . An experienced attorney can assist you in trying to work out a plea deal. He also can evaluate the case to dexcide whether you would be better off going to trial. The plea you were offered leaves you with a felony record and permanent place on the predators list.

  3. Marco Caviglia

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . I assume you have an attorney. If you are telling him you are innocent, he has a problem of making a counterproposal in which you will admit guilt on the record and go to jail/prison, don't you think?

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more
  4. Alexander Anthony Restaino

    Contributor Level 4

    2

    Lawyers agree

    Answered . From the way your question is written it seems that you might be communicating with the District Attorney’s Office directly. This is a terrible idea.

    An experienced criminal defense attorney will be able to have much more meaningful discussions with the DA to try and work out a plea deal. They will also be able to guide you as to whether or not you should plead guilty or take the case to trial.

    If you cannot afford an attorney you can [and should] ask the Court to provide one for you. You have the constitutional right to counsel and you need one in this case. Do not contact the DA’s office on your own again under any circumstances.

  5. Robert Jason De Groot

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Did you think you could resolve these rather serious charges without hiring an attorney? You are wrong.

    R. Jason de Groot, Esq.,
  6. Michael R Varble, Esq.

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . You have asked a very complicated question without many facts. You need to consider all the facts and circumstances of your case before you make a decision on a plea. The short answer to your question is that yes you can make a counter-offer. You need an experienced attorney to deal with this matter as you could be convicted of a violent felony offense and spend a substantial amount of time in state prison if your negotiations and/or the trial do not go well.

    The information provided herein is for informational purposes and should not be construed to establish an attorney... more

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