Families of SOs Community Group
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I'm hopeful that you find a way to make it work for your son. My son was not on meds. His diagnosis came as part of the post-release evaluation. I think your son's known history of this disorder should certainly merit consideration.
Then they charged him with enticement of a minor, with a minimum of five years, no parole.
It might seem like a terrific case for entrapment. In fact, his lawyer said it was the first time he'd had someone with the charge with a real chance at getting off.
But... Well, to plead entrapment, you first have to plead guilty. You can't say "I didn't do it, and anyway it was entrapment." It has to be "I did it, but I was trapped into it." And if you can't prove then entrapment, the guilty plea sticks.
While we were trying to figure out what to do, the DA upped the ante. First, an assistant DA approached us with a deal that would mean no jail time and no registry. When we agreed to that, the DA overruled the ADA, saying that the deal was too good. Instead, they offered a much worse deal—plead guilty to two felonies, but ones where early parole was possible—or they'd add a second charge of enticement, a charge of attempted sodomy, and bring in the Feds for more charges. Plus, the DA told us that the judge would probably add two years, just for the aggravation of having a trial.
We got four days to decide. Were we getting played? Absolutely. Was there anything we could do about it? Nothing but throw the dice.
In the end, my son agreed to the plea. He just couldn't face the idea of the trial and the sentence that could be thirty years.
Oh, and part of his plea was that the DA got to destroy the transcript any any other evidence. Funny that they would ask for that, huh?