The state has charged the accused of 5 felony counts of statutory rape. He declined our first plea deal. We want our daughter not to have to testify in court. What bargains can we offer that will help him to accept our terms?
You cannot offer anything.
You have no authority to do so in the criminal process.
Only the State can make plea offers.
You need to speak with the State Attorney and try to get them to respect your wishes.
If they will not then your only remedy is to hire your own lawyer.
In Florida victims of crimes have rights, both constitutional (s. 16, Art. I of the Florida's State Constitution) and by statute (see: Chapter 960 Florida Statutes), and if you want to increase your odds at having the State pursue your interests then you can hire your own criminal defense lawyer to serve as your Victim's Right's Advocate.
No one can control what the State does on behalf of the people, but you will increase your odds at achieving a favorable outcome if you have an effective victim's rights advocate pursuing your agenda.
Many criminal defense lawyers serve as effective victim's rights advocates.
Wishing you luck and hoping that I have been helpful in answering your question.
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The victim of a crime has no authority to resolve the case. The plaintiff is the government, the action alleges a violation of society's laws. Your daughter is the complaining witness. I understand that it doesn't feel this way. The state attorney and/or any victim/witness coordinator may or may not have sufficient time to communicate with you.
If your family chose to file a civil lawsuit against him, then you would have full control over any negotiated settlements, but not in a criminal case. I have previously been retained by a family for the sole purpose of communicating with the prosecution, to minimize the level of stress, but that does not ensure you will get the end result you need.
Sex offender probation is very, very strict in Florida, and a large percentage of those convicted do not successfully complete it. It is not a plea offer that will be appealing to most defendants.
* disclaimer - this blog is ofr information purposes only and does not form an attorney-client relationship.
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