Surely to God he is not even thinking of plea bargaining for a life sentence!!! A life sentence?????? Did I read that right?

Is he a repeat offender?? Why does the DA want a life sentence??? A life sentence with no physical evidence and only verbal statements??

Unless you have left something out, or unless your husband is some kind of serial rapist, I cannot imagine the DA only offering a life sentence.

This is what defense attorneys are for--to prevent a defendant from getting totally shafted by the prosecution. Who is his defense attorney? His defense attorney is agreeing to a life sentence??

Please, please do not let your husband plea out like this. Hell, you can't do any worse at trial, I guarantee you that if there is very little evidence, as you said, and he is not some kind of Jerry Sandusky type guy, and there was no extreme violence, even if found guilty in a jury trial, no jury would give him a life sentence.

He could enter a blind plea with the Judge and I do not think any Judge would give anyone a life sentence in a simple molestation case. In fact, I know he wouldn't.

What state are you in? What is the punishment for molestation according to statute? I have never heard of a life sentence on a simple molestation charge.
I know in my state first degree rape carries five to life, but life is the extreme. I know a guy that raped an eight year old, and the DA offered him a plea bargain for five years--and that was for rape.

I think you need to have a long talk with your husband and talk him out of plea bargaining for that kind of sentence. Sometimes when people have a religious conversion, especially if they know they are guilty, they want to turn everything over to the Lord. I'm here to tell you--I am sure the Lord is all for chastising his children, but I think the Lord would want fairness--and that means the punishment would fit the crime. And I'm here to tell you that a life sentence for a single count of molestation is not a case of the punishment fitting the crime. A life sentence is a whole lot more than "any eye for an eye." Do not let your husband throw his life away like this.

He may feel really down on himself because of his crime, but he still needs to stand up for himself. Do not allow the DA to do this to you or your family.

A life sentence is a long, long, long time. He is just throwing his life away if he takes that plea. He should think of you and his family.

You and he need to talk to your attorney and get some answers. There must be a reason the DA will not offer a better plea deal than life.

Good luck and keep us posted.

rew

I agree with Rew.
i understand not wanting to make her testify but a LIFE sentence, come on!
My husband was falsely accused by his daughter...also no evidence (obviously) and even so the DA was gunning for the most 25 years or so, and was willing to plea it down to 2-5 (before we went to trial)

I think it needs to be pointed it out, that he's taking responsibility...be cause obviously w/no evidence, he could claim he didn't do it....and it almost sounds like he would have gotten a better deal if he had...and that's just wrong all the way round.

i believe there is more evidence. his own guilt, and the way he carries himself. i would definitely take this to trial seeing that it's her word against his. also, do not let him take the stand!!! because of his new faith he may just testify against himself. there is the point of incest, i do not know if he has multiple charges. sexual assault of a child, and incest charge. now remember i'm not a lawyer. also, i'd fire that public defender you have, because that's what it sounds like you have. Ah well good luck and i hope that everything turns out ok for you, your daughter, and for him.

much lub
anarchy

Most DAs do not like to take cases to trial. It is much easier for them if they can get a person to plea out because it takes a lot of work off them and it ensures them a conviction.

I just bet that if he refuses to plea to this life sentence, the DA will come with a better offer. The first offer the DA gives someone is never the best deal. Wait him out. Take it to trial if you have to.

I realize that with your husbands new-found faith that he is has probably confessed, and is ready to "take his punishment." That is fine. But a life sentence is not a reasonable punishment. He is still a human being with the worth of a human being. I am sure that he knows that as that is one of the tenets of Christianity.

If he feels that God would want him to "fess up" and take his punishment, fine. But a life sentence is not a punishment for this crime--it is an outrage. Do no let the DA take his dignity from him.

I am also sure that he realizes that God has a plan for him. I doubt that it is a life sentence in prison. If he wants help, he can always get that without going to prison for life.

A life sentence for this crime is so unfair, not only for your husband, but for yourself and all your family--even the 15 year old victim. Hell, who knows, later in life even she may start to feel guilty for putting a man away for life a crime that is not serious enough to warrant a life sentence. I have seen that happen.

By they way, who is your attorney??? What a disgrace.

Good luck and keep us posted.

rew

mIght as well take it to trial, I mean LIFE is LIFE, right, so what does he have to lose?

I tend to agree that the DA might mean "something-to-LIFE" not just a sentence of Natural Life or Life without the Possibility of Parole. "something-to-LIFE" means that he would do his minimum and may be denied parole, but release eventually. He would then be on parole for life, unless he is eligible for a Certificate of Relief.

I believe that in most states, accepting a plea bargain means that he more than likely will not be able to appeal his case. But, if he takes it to trial, he could exercise that right and argue the point that there was no evidence. But, there is no arguing with a plea.

I wish I knew that there was a minimun end to the LIFE sentence, if there is .... I would take it to trial to leave avaiable the option to appeal the case.

I am only giving my opinion, I am not an attorney .... please do not consider this concrete legal advice!!

I don't believe that what your husband did warrants a life sentence. I truly question his attorney's interest in defending your husband. As to your husband's new found faith - this will certainly give him strength to deal with his situation and help him get through this. Accepting responsibility for what he did is one thing but accepting the life sentence would qualify him as a martyr.

A friend of our family was charged and convicted of incest and all he got was 12 years to life on probation. He took a plea deal because his sentence seemed reasonble enough to accept the plea. A life sentence is not reasonable at all. By the way, we live in Colorado. I am not sure if that matters, meaning that our friend may not have gotten off as easy had he been convicted in another State.

My heart goes out to you and your husband. I will keep you in my prayers.

Thank you everyone for your replies. This has been hard on all of us. I live in California and they are very strict on child molesters. They said that because this occurred for several years, that they consider him a repeat offender (even though it has only happened to our daughter). I have told him not to accept any offer unless it was something close to what we want (i.e gets 5 years instead of 2 to 4). He said he wont accept any deal unless he talks to me about it first.

I have heard that the DA gives better offers over time, and my hope is that when we get close to trial that they will give us an offer that we all will be happy with. We are not able to fire his attorney as we only have a public defender. Any other attorney is asking for a $10K retainer - that doesn't include an additional $20K in legal fees that we simply cannot afford.

I have read about silent plea deals, and we may just go that route if things do not turn out favorably with plea deals with the attorneys. i will also try to advocate his attorney on alternative options to bargain with (show statistics of reformed sex offenders when they receive help and the cost savings for the state if we went with our option).
He has another court appearance tomorrow - but sounds like it will just be another delay.

Thank you everyone for your words of encouragement and prayers. I will keep you posted on results.

Honestly, my daughter would be of utmost importance. She's old enough that I'd talk to her and see what she thinks. She likely won't want to testify or do much to help him. I, personally, don't think the victim should ever have to relive their experience so the perpetrator can get a lesser sentence, but if she's ok with it, then I'd consider it.

Still, I will be praying for you. If you allow Him to be, God will be in control and what happens will be what is best. Maybe his ministry will be to those in prison or what have you. God does amazing things in situations we can't see anything good coming out of.

you can get another public defender. you do have the right for legal counsel. even if you do not have the money for a private attorney. i had to fire my public pretender and i was given another one from another country. :) remember the Myranda Rights. also, if he confessed to the crime he can still go back against it by saying he was under duress, because who wouldn't be. good luck i'll be praying for you.

http://answers.yahoo.com/question/index?qid=20080602111640AAIp1s6

here's some answers, and choices as to what to do when firing a public pretender and getting a new one.

The reasons DAs do not want to take things to trial is because they have the burden of proof on them. That is a heavy burden and juries can be fickle.

I am not so sure I agree with not putting any victim on the stand. In this country a defendant has the right to face their accuser, that is a fundamental right and there is VERY good reason that it was put in the TOP 10, our Bill of Rights. For back in England, before we all came to the New World, one could be put on trial without any due process, sentenced and many times just put to death, without being able to really defend themselves against their accuser. So you see, while I do see the reason a mother wouldn't want their child to be put through it all over again, and while victims can have trouble facing the person that assaulted them, one does not trump the other, that is the law and that is how justice is served. NO one said that it was going to be a cake walk for anyone, that it was going to be easy, but if that child grows up to an adult and is accused of a crime, wouldn't you demand the same due process you would like to deny this person?

I know it sounds cold, but true fairness sometimes isn't comfortable for all parties and it isn't meant to be, it is meant to find the truth, which is what the Justice system is supposed to be about... Not finding a person or place to place blame on.