The prosecutor always wants a person to plead guilty, makes their jobs gravy, complete gravy. Your attorney doesn't want to go to trial? and if it is a child, there is a good chance that it won't be just 15 years but life on the registry. Is there a reason that the attorney doesn't want to take it to trial?

Another thing, DAs will many times not have enough to really have a great case at trial, so will push for a plea to avoid having to build a case they can't win or will have a hard time winning.

Remember this, no matter what you plea agreement says the judge can still DO WHATEVER THEY WANT when it comes to sentencing as long as it is within the guidelines of the statutes your husband is convicted of. It's not likely he'll go against them but he CAN and I have seen them do it too...

Just and FYI

Do you know what the sentencing ranges are for his charge if convicted in court? Is there mandatory prison time? What factors will the prosecution use to convince him to plead out? Are there any state mandates that may affect his sentence? For example, in az we have a sentencing enhancement for crimes involving anyone under the age of 15-if found guilty in court, sentences for each count are required to be served consecutively rather than concurrent with no early release. These are things to take into consideration if contemplating a plea. Do you have a private attorney or public defender? Our public defender pushed a plea on us for a long time, mostly because she wanted to lighten her workload. It would be helpful to learn about the so program in your state too, check with your probation office or if your hubby has a court appointed therapist, they should have info for any chaperone type classes you could take for support and to help him if he does get convicted. We are in the same boat, our trial is in January. Wish I had more info specific to maryland to help you more. God bless.

We have a private attorney and Friday is the Status Conference. Which I was just told today by his attorney that is where we can place motions to surpress evidence. But really there is nothing we can surpress. It was an internet conversation between him and a 14yr old girl. In Maryland Sexual Solicitation of a minor is a 15yr on the registry and usually jail time. The prosecutor has already said he does not want jail time but wants my husband to plead guilty and be placed on the registry. He has told our attorney he will not budge on this. The attorney said he is now trying to find a favorable judge that we may have our trial in front of who might go for a probabtion before judgement and manditory therapy. But then today the attorney said he may ask my husband to plead guilty and ask for sentencing to be post poned so he can find a favorable judge. But once he pleads guilty then there is no way he will get away without registering? Or is that determined at the trial? Can you plead guilty and then during a trial be given PBJ ? I hate this not knowing. Our girls are 9 and 4 and in Maryland you cannot have any access to any school or child related event. So that means if he registered then my girls would never be able to have a playdate in our home and their father would NEVER be able to go to a school related event not even their graduation! What the hell am I supposed to do. This has torn me apart. Made me less trusting of my husband.

Registration varies by state but usually it has to do with the statute in which a person is convicted under. At least that is how it is here in WI. If the judge at sentencing thinks that a person should be on the registry I believe they can do that as well regardless of statutes.

The fact that your husband isn't going to be able to attend any events that children are in is huge... I don't remember if your husband was entrapped in this or if he did make a bad judgement call or if it is all false... But remember attorneys do not have any stake in the outcome... they push for the 'safe' route, which isn't always the best route either... Safe means that they have little paperwork the outcome is almost predictable (even if it sucks) and it always seems to really screw the person that takes that safe way out. If there is little evidence then take it to court... let a jury of your peers decide... Let that DA WORK for their paycheck that YOU Pay for... it is the other irritating thing about DAs, they use YOUR money to fight YOU.... and you still have to pay for your own defense.

Wisco is right, registry is based upon the statute he is sentenced under, so the prosecutor would have to lower charges to something that doesn't require registry in order to avoid it. Was there an actual meeting? Does the conversation show intent? Make sure your attorney is exploring all aspects of any kind of defense. How are they feeling about trial? If he pleads guilty there will be no trial, he waives his right to a jury trial. After he pleads guilty, they will schedule sentencing, and sometime before that he will have a pre sentence screening and mitigation hearing which is done usually right before the judge sentences him. If he pleads guilty, he cannot appeal, but post conviction relief is available if there is reason for it. If he takes it to trial and loses, the judge will have to sentence him based on the sentencing guidelines of the statute (so if there's mandatory time, he will have to go to jail/prison). If found guilty by a jury, he can appeal and be retried. It's all a game of chance really. I would also research the levels of registration and how they determine the risk levels, and the laws. Would it be lifetime registry? How about the probation term? How long? Again, lots of questions that you want to consider before considering pleading out and trial. It only takes one juror to say not guilty and shake up the prosecution as long as you have a case, even the littlest argument can and will cause doubt.