My friend Tyler is 17 and a half years old. His male cousin who is two years younger accused him of a first degree felony of rape. His cousin claims it happened several times and even in his sleep. There is no evidence, and no witnesses.The cops held Tyler for a day and decided to let him off on probation. Tyler ended up taking a plea bargain and will be pleading guilty to gross sexual imposition (a fourth degree felony) His court date is coming up.. how long do you think he will get for this?
2007-10-15 12:12:43 · 5 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Please tell me your sources
(Ex: I am a cop/judge/work in law enforcement, I went through this, ect.)
2007-10-15 12:25:06 · update #1
If he did nothing wrong he should not have taken a plea bargain. Plea bargains happen when the prosecutor decides that taking it to trail/court will probably end up bad for the district attorneys office. Rape is something that prosecutors don't like to take to trail because in most cases the only witness is the victim. Its bad enough the victim had to go through it a first time, but having them relive it on the stand in front of a jury and judge is something a lot of victims don't do. That could be why the prosecuting attorney offered the plea. Since he is a juvenile there is a good chance he wont have to face jail time, but that all depends on the judge. Also depends on where you live, his prior record of violence, etc. The legal definition of felony and misdemeanor is based on how much time you spend in jail. A felony is any crime where you spend a year or more in jail, a misdemeanor anything less than a year. That being said, he should have been read his rights where he should have asked for an attorney because if like you said there was no witnesses and no evidence then he should easily walk, but the fact he pleaded guilty already! thats his omission to the crime and he could be in trouble. His mitagating factor would be that he is a juvenile, so depending on the judge and Tyler's history he may or may not spend time in jail, my guess is probably not because you really really really have to mess up multiple times as a juvenile to get any jail time, unless he was being tried as an adult. Lots of "what ifs" and "depending ons". So good luck.
2007-10-15 13:56:13 · answer #1 · answered by cmg_266 2 · 0⤊ 0⤋
i think of gaol use to be an English spelling. I remember interpreting historic previous seeing an English poem asserting they'd quite be in gaol than the the unfavorable living house. i think of penal complex spelling has usurped gaol spelling i think of the ao being that why around does not help it in basic terms sounds like a misspelling of purpose. i'm sticking with the american spelling penal complex I in basic terms sense extra mushy with it.
2016-12-29 12:02:23 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I don't know and any time would be a guess. Why not ask his lawyer? Why would he plead guilty if he did not have a known sentence? Why would he plead guilty if he was not? Makes you wonder...
2007-10-15 12:24:19 · answer #3 · answered by davidmi711 7 · 0⤊ 0⤋
i have a 3rd degree felony and i only got a couple years probation and a couple months in jail...if its his first offence he should get pretty lucky!
2007-10-15 19:22:24 · answer #4 · answered by Emerald Eyes 6 · 0⤊ 0⤋
i wouldnt have thought that he wouold get anytime, if theres no proof, how can they give such charges?
Thats like them charging me for smashing into a store without checking evidence first.
2007-10-15 12:21:31 · answer #5 · answered by Anonymous · 0⤊ 0⤋