My teenage son plead guilty to a 2nd degree Felony Sex Crime. As a Juvenile he was determined to be "delinquent" and ordered to take classes and placed on probation until the classes are complete. Once he has been released for successful completion of the class, is it possible to have the charge reduced to something that can be sealed or is less severe?
It doesn't appear this is a lesser-included component:
§ 14‑27.5. Second‑degree sexual offense.
(a) A person is guilty of a sexual offense in the second degree if the person engages in a sexual act with another person:
(1) By force and against the will of the other person; or
(2) Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know that the other person is mentally disabled, mentally incapacitated, or physically helpless.
(b) Any person who commits the offense defined in this section is guilty of a Class C felony. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 7; 1981, c. 63; c. 179, s. 14; 1993, c. 539, s. 1131; 1994, Ex. Sess., c. 24, s. 14(c); 2002‑159, s. 2(c).)
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You have 60 days from the date of the plea to request a modification of sentence but once he enters a plea to an offense the only way to try to get the offense changed is to move to withdraw the plea.
Not without withdrawing the plea, which is difficult and even if successful, would reopen the case and the state would still prosecute.
Criminal Defense Attorney
No honestly it is not.
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