when the court or da finds inconsistencies in the victim story ex: she says while she was raped she had her pants on and the defendant had his pants on the whole time. ex2: she says no one was there but later says someone was there ex3:tells police she was grabbed and pulled her pants down and raped her and later changed it at preliminary hearing. do the da know or they just waiting to c if the accused will make a plea deal. what happens if i dont accept the plea deal can they drop the case. i have a witness who was there.they still have a rape charge against me i admitted to anything 100% innocent.
2007-11-20 08:00:13 · 9 answers · asked by sean_dmc 1 in Politics & Government ➔ Law Enforcement & Police
i live in pa and think i will take this to trail but part is sayin take the plea deal
2007-11-20 08:00:50 · update #1
If you didn't do it, then take it to trial.
2007-11-20 08:04:04 · answer #1 · answered by nicolerichieslovechild 3 · 0⤊ 0⤋
A rape case would go before a jury trial if it is tried. The strength of any "evidence" submitted will depend on how sympathetic the jury is to the woman claiming rape, and not necessarily purely on the evidence itself. The DA might argue that the woman would be naturally confused after a traumatic incident such as rape, therefore her altering her testimony later when she was in a clearer mind to recollect would not be unusual. Depending on how credible the witness you have is in terms of character, background, and being able to place them there during the time the supposed rape occurred, then that will either help you or not. And usually if the DA has pressed charges then they are reluctant to easily dismiss those charges if there is at least a small chance of winning at trial or of the defendant asking for a deal.
2007-11-20 16:15:20 · answer #2 · answered by Jacob A 5 · 0⤊ 0⤋
If your innocent don’t cop a guilty plea…yes the DA can drop the case anytime they want…they are just seeing what you will do…hope you have an attorney and not a public defender…just stick to your guns and don’t talk to anyone but your attorney…remember that the DA and Courts are against you from the get go…
2007-11-20 16:07:29 · answer #3 · answered by schwabauer1 2 · 2⤊ 0⤋
the da and your attorney share all evidence. including exculpatory evidence (meaning evidence that would show you didn't do it)
No way am I offering you advice on such a plea deal - to do that would be to offer legal advice without being a lawyer.
But if you are facing such serious charges and are not happy with the advice your attorney is getting, you better consult another attorney - is cost really a factor in a case like this?
2007-11-20 16:10:37 · answer #4 · answered by Barry C 6 · 0⤊ 0⤋
If you don't have a good lawyer that will point out the inconsistencies you will lose. If you don't point them out to your lawyer he may miss them.
If the inconsistencies are not huge in the eyes of a jury you will lose.
See a pattern here?
You really need to have this discussion with your lawyer.
2007-11-20 16:09:43 · answer #5 · answered by davidmi711 7 · 1⤊ 0⤋
...a) does the prosecutor have physical proof,
b) her story has changed several times you can use that in court,
c) have you ever been convicted of anything if not that's something else on your side,
d)you have a witness,
e) testify and show the court what type of person you are ,show sympathy.
......but if she is a minor ooooh boy your in trouble!
2007-11-20 16:15:09 · answer #6 · answered by ispy somthin blue 3 · 0⤊ 0⤋
Well, the whole issue is rape.
Did you rape her? You know if you did or did not.....
If you raped her, you deserve to be punished.
A REAL man would man-up and take the punishment.
But then, rapists aren't real men anyway..they are cowards who attack someone unable to defend themselves.
2007-11-21 00:40:21 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I agree if you didn't do it...go to trial. But if you did do it I hope you go down.
2007-11-20 16:09:07 · answer #8 · answered by Colts girl 6 · 1⤊ 0⤋
Forensic evidence will negate anyone's lies.
2007-11-20 16:09:18 · answer #9 · answered by Kimmy 5 · 0⤊ 1⤋