jlr2299, I'm sorry to hear of the predicament you're in. I honestly can't begin to to know all the feelings you're having. Glad you found us, and I know you'll find some good support here from others who are having to walk the same path.

There's a section at the top of this forum, on the home page at the top, labeled 'Resources for Information'. Take a look at it to see what's out there for support, and advocacy. Some of the other people here can help you more on the support side, as a mother.

Also, there's the Florida state affiliate of RSOL National (Reform Sex Offender Laws), FAC (Florida Action Committee) who can be help and guide for you there in Florida. FAC is headed by a really wonderful lady by the name of Gail Coletta. She is working very strongly to bring some sense to Florida laws. Here's there info for you to look at.

Florida – Florida Action Committee

Website: http://www.floridaactioncommittee.org/
Address: PO Box 470932, Lake Monroe, FL 32747
Phone: 904-4388FAC
Primary Contact: Gail – gail@floridaactioncommittee.org

Dave in the Philippines

Thank you Dave. I have contacted the FAC and they have been a great help.

Ok, good! I'm glad you're getting some help, and again, take a look at the 'Resources for Information' foe other groups out there who offer support and a voice for folks.

I'm glad you stepped forward and introduced yourself!

Dave in the Philippines

Welcome!

Thank you ThoughtAsWeak.

My son is wondering how life will be in prison for a person with a SO charge. Does anyone have any idea?

Depends on what level they classify him as. There are 4 classes, 1 as being the lowest risk to 4 being the highest. Likelyhood your son is classified as a 4 is low, and is more likely to be classified as a 3.
Not to say it will be tough, it will, but if he follows advice that some of the members on this board (as I'm sure they will chime in), he will do fine.

The PD said that your son was looking at a life sentence??

How many counts do they have him charged with and what are the charges?

The PD should be attempting to get some of the charges dropped or something to avoid a life sentence.

If it is certain that he will get a life sentence, he might as well go to trial. Has the DA offered a plea bargain? Even if he lost at trial, it could not be any worse than a life sentence, unless he could get a life sentence with the possibility of parole at some point.

The only time defendants ever plea out to a life sentence is to avoid the death penalty, and I am sure they are not threatening your son with the death penalty.

rewdiazepam

He is being charged with Capital sexual battery which in Florida is a life sentence. The PD gave him 2 choices 1 go in front of the judge and plead no contest and get life without the chance of parole, 2 go to trial and lose and get life without parole. He has 1 charge. I like how the police say " I hope he thinks of his daughter and doesn't make it harder for her". They could care less about my granddaughter all they want is him. The PD said that the DA isn't willing to plea to anything less. I have been told that this is still new. we are only 6 months into this so there is a chance they could offer him something.

jlr2299, I was molested by my father when I was a teen, as were my three other sisters, although for them for some reason it was worse. And now my son has been arrested for molesting his daughter, which for me is so much worse, as a mother, to deal with, than my own abuse. Right now my son is also in jail and has entered a plea of not guilty to the charges, which I am told have a sentence of 15 years to life. There's so much I don't know about the whole process and even though my son has the option of calling me collect, he never does, so I've only talked to him once when I went to visit him, which is over an hour away. I've also talked to his lawyer a couple of times, but he says he can't tell me much because of "lawyer-client privilege," but my daughter-in-law is taking the kids and moving away and getting a divorce, so I feel like I'm basically the only person who will be around to support my son. . . Anyway, I guess what I'm saying is my situation is very similar to yours, but we live in a different area of the country. Not sure about the laws here. I guess I need to go check out the information that Dave talked about too.

Hello Reggie1961, sorry for you circumstances. Thank you for sharing your story with me. I wish I could share more of mine, but I have been told not to.

If this is in Florida, then I assume that he is over 18 years of age and the victim is 12 years old or younger.

In a few charges, there is no real benefit in accepting a plea offer. Again, the capital sexual battery carries a mandatory life sentence if you’re found guilty. Unless the prosecutor offers a plea for less than a life sentence there is no incentive to plea bargain.

The DA could reduce the charge of capital sexual battery to a less serious charge and then your son could plea for less than a life sentence. It does not sound as if the DA wants to do that at this time.

The best thing to do is wait them out. Stall, stall, stall as much as possible. Wait for a better plea offer. The first offer is never very good.

By waiting them out, some of the witnesses might get cold feet and the DA would be reluctant to take it to trial for fear of losing. At that point, your son would get a much better plea deal.

I just love it when the cops say, " I hope he thinks of his daughter and doesn't make it harder for her." That is hypocritical and goes both ways. If the DA and the state is so concerned for the victim's welfare, they could just as easily offer your son a decent plea deal and she would not have to testify.

I certainly would never plead no contest in front of a judge. That would be legal suicide.

About the only thing he can do is wait them our for a decent plea. I would never plea to a life sentence, so if they don't offer a better plea, I would go to trial and hope for a miracle. Make the state prove its case beyond a reasonable doubt.

Does the state have a lot of iron clad evidence?

Your son's options are limited.

rewdiazepam

He has admitted to touching her. His PD said to me that if he goes to trial who do you think they will believe him or a little girl saying daddy did this to me. Praying for a miracle

I too am sorry to hear of your son's arrest. I read the Florida Capital Sexual definition on line.

When our son was arrested, we didn't have the funds to hire an attorney - so let the PD handle the case- we found that was a mistake. We found an attorney who, after the initial retainer, would let us make monthly payments. Didn't change the verdict but did give our son some things for an appeal of his case (still pending).

Is there no attorney who would help pro bono at first? Rewdiazepam is right they don't care about the victim just a conviction without a lot of effort - And I would never recommend taking a deal without a right to appeal or just a no contest plea.

Sounds like a really good lawyer who specializes in sexual offenses may help tremendously. Retaining a good lawyer from the start and getting him/her involved in every communication with anyone is supposedly advisable. Since the life long consequences of the SO laws can be extremely impactful, having someone with experience is very important. I hope all goes well and that the outcome is as fair as possible. Remember to take care of yourself during this stressful time.