If A Defendant Is Guilty Of Committing A Sex Crime Then A Plea Bargain Is Considered A Favorable Resolution
Interviewer: What if a client revealed to you or confide in you and they say, “Hey look, I think I’m guilty of this.” Should they plead guilty?
Zach Peagler: If a defendant is guilty, oftentimes a plea is going to be the best avenue for them to minimize the repercussions on their life and have any hope to move on. A lot of times, a plea deal is going to be, by the very nature of what a plea deal is, it’s going to be an offer that is better than what’s likely to happen to the defendant if they’re convicted at trial. Sometimes, and justifiably so, in the violent rape cases, the D.A.’s office may not plea bargain. They may just say, “We’re going to get a conviction and we want to have it as soon as possible.” Those cases, they’d come along and the defendant is going to have no choice in most instances but to go to trial.
In Cases Where the Facts Are Not Clear, The District Attorney’s Office May Offer a Plea Bargain
In other cases where there’s some cloudiness to the facts or the evidence in the case, the D.A.’s office may offer them a better deal to not have to go through trial. Or sometimes, the victims in the cases are willing to allow the D.A.’s office to offer a good plea bargain just so they don’t have to go through the difficult process of confronting their attacker in the trial or something like that. It’s a case by case basis, but it’s just something that you have to consult with your attorney about, and talk about what’s the best option for each individual defendant.
Most of the Defendants are Confronted by the Police with Evidence and Asked To Make a Statement
Interviewer: How does someone know that they’re under investigation? Let me ask that.
Zach Peagler: If the police call them and say they want them to come in to make a statement, they can obviously know at that time that they’re under investigation. In a case of where the defendant did do something wrong and they obviously know that they did something wrong, but in other cases, it could range from the victim contacting them to the police contacting them to know that there’s been an investigation. I’d say most of the defendants that we deal with, the police just confront them with the evidence that they have and ask them to make a statement, and that will or will not result in their arrest for the charge.
If An Individual is Charged with a Sex Crime then He or She Cannot Travel Out of State as Per Bond Regulations
Interviewer: If someone is under investigation for a sex crime, could they go to another state? Visit another state or move to another state during this process?
Zach Peagler: In most cases, probably not. If they’re under investigation, then yes, they’d be free to move, but if they’ve been charged, it will probably be a condition of their bond that they remain in the state in which they had been charged.
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