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Tweens and Teens
Reply to "New situation to talk about with my teen son..."
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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Every case is different. I have had a range of results. Sadly, the vast majority result in conviction because so many people agree to make statements and incriminate themselves. I have been able to get many of them to misdemeanors with jail. Some clients have been convicted of felonies and that sucks. One thing to remember is that a common police tactic is to do what is called a sting call -- they have the complaining witness call the accused and start a conversation about the event. Many, many, many, many times the subject of the call apologizes or agrees with the complaining witness that they were asleep. That is harder to avoid -- you have to be pretty savvy not to fall for it. Then the police usually ask the person to come in voluntarily to "clear the air" and it rarely goes well. [/quote] It sounds like you're describing situations where the defendant has admitted to engaging in the behavior that the charge is based on. Shouldn't people be punished when they have committed a crime? [/quote] Sure as long as the punishment fits the crime. In the Op's post, the facts included that interviews had completed by the school and by police. The Op said the school called the kid in for an interview. In Virginia, the charge for the conduct described by OP would likely be forcible sodomy which is punishable by a sentence of 5 years to life in prison. Or perhaps aggravated sexual battery, punishable by a sentence of up to 20 years in prison. I don't think those are reasonable punishment ranges for the conduct described. Sentencing guidelines for someone with no prior convictions of any kind recommend a multiple year long prison sentence. The charge can be reduced to a misdemeanor and typically a jail sentence is negotiated in exchange for the reduction to a misdemeanor, but there is no guarantee of that offer being made. [/quote]
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