My only suggestion is to get a good lawyer. Going to trial in a case where your son has confessed to the crime means he will be convicted on both counts. Your son’s best option is to plea before a trial. So a good defense attorney is needed to try and get your son a deal first before you get to sentencing. You have a long way to go before sentencing, I know you want to know what is going to happen but this all takes time. The legal system moves like molasses until conviction.

When your son’s attorney gets a good plea deal from the DA if he/she is worth their salt they will make sure it is with the understanding that the sentence agreed to is using HB 2379. OR if the DA does not want to go with that at the very least your attorney can get the okay in the plea deal to be able to present facts to the judge asking your son to be sentenced under those more lenient guidelines.

Unfortunately there isn’t much you personally can say to affect the outcome of the case. It is much better to get a good attorney and let them do the talking with the DA and the judge. Or if you cannot afford a good attorney you can give all the information you have found to his public defender.

You did a great job finding the information! Now comes the tough part—waiting.

We are here for you,

-Independent

Im sure our attorney knows what to say. She's been there before and knows things I don't.
The hb2379 stuff is up to the judge and not the DA.
So, even if convicted on the 2nd degree charges, the judge can choose the lighter sentencing standards.
Again, my son fits all the criteria.

The waiting is truly the hardest part!

AMEN!!!!
Rew thinks he will still be offered a plea even with a confession. Not a great one, but something to avoid trial. Were hoping, but preparing for not.
We have the lighter sentencing option, which could still be 4 years (which fits his crime much better).
And we have a better hope that his time will be sentenced concurrently. That's between 6 and 10. Each far better than 25 plus.

Yes of course sentencing is up to the judge. However it is pretty uncommon for the judge to go against the plea deal that was agreed to by both parties.

I think this is definitely a long shot, but if the DA agreed to a plea deal using HB 2379 guidelines as the punishment it would go a long way for your son. The judge would most likely go with that.

I’m guessing the DA won’t do that. I’ve never met a DA that is fair to people in our situation. But at the very least your attorney could get the DA to not oppose the idea to use HB2379 when it comes time to your son’s sentencing. This would be a win where your son’s lawyer could talk about why it makes sense to sentence him under these more lenient guidelines and he could end her speech by saying, “And the prosecution does not oppose these guidelines in this case.”

I’m guessing at the worst, the plea deal would be dropped to 1 count and your son will get 6 years and 3 months.

This wouldnt be up to the DA or part of a plea deal.
I guess it could be, but.......
This would be a request to the court, only AFTER hes been convicted of rape 2 or any measure 11 crime.
I really think hes got a shot. Hes not violent, not a predator, he's a first time offender for anything, he fits all the criteria set by the house. Locking him up for 6 years does nothing for society except take a bed for a violent or repeat offender.
Of coarse, I dont know. I'm dad. I got hope and willing to try anything. His lawyer will know more.
I'll prob call her today. The thing I like about her is other lawyers were doom and gloom and wanted money.
She had a positive outlook and wouldnt take a dime even though we offered.
All Im trying to do is avoid the long (25 plus years) sentencing of measure 11 and destroting his life.
If he gets 6 years, he will still be young on release and have a good shot at restoring his rep.

The legal system is pretty backwards. You may not be familiar or someone else reading our conversation may not be. Since 95% of cases are dispensed by plea bargains and the DA is the one who offers the deals and judges rarely change the sentence agreed to by both parties, prosecutors have ungodly amounts of power. They usually will stack up a mountain of charges then get the defendant to plea to whatever they want them to. The DA is the judge jury and executioner in the world of plea bargains. Yes the judge is technically doing the sentence, but you just don’t see a judge go away from the plea unless it is egregious one way or the other.

This is why I was saying if the DA agrees to use HB2379 it would be a huge benefit to your son. At the very least they could not oppose your son from asking the judge to consider it. What you don’t want is in court is the DA saying your son is a monster and needs 6 years in prison.

I dont know much. I'm reaching for anything.
Ive had several people say he will not get 25 years and that the 6 years, 3 months will probably be the worst.
I hope so.

I certainly hope so!