So I found out a friend of mine was arrested for burglary of a habitation with intent of sexual offense. I'm having a hard time believing he actually committed the crime and his trial is coming up soon. What is the best case scenario for him in this situation (aside from being found innocent). How low could he reduce the sentencing to with a plea deal?
Most people would say that the case being dismissed is even better than being found NOT GUILTY at trial.
Even if the prosecution agrees to reduce the charge to a misdemeanor like Criminal Trespass, the felony arrest records would be stuck on his criminal history forever. This will have a huge negative impact on his future career options.
A misdemeanor reduction with a dismissal agreement like Deferred Disposition or Deferred Prosecution may be the next best thing to a no-strings-attached dismissal. These two results do lead to expunction eligibility, unlike Deferred Adjudication which is only eligible for nondisclosure.
This is not legal advice. Avvo Q&A does not establish an attorney-client relationship.
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