I'm currently pending trial for a felony sex offense in King County. I have retained private counsel, and there are many elements of my case still unanswered as we haven't even had a pre trial hearing yet. The alleged victim essentially lied about their age! Prosecution is already offering a deal and we haven't even had a suppression hearing yet. My attorney tells me this offer is only good for a week, then it's off. Is it standard to get offers so early on in the case? Wouldn't prosecution offer pleas later vs. so early on? I think the alleged victim being promiscuous as they are, may be why I'm getting offer this early. Just weighing options and seems a bit early for an offer, no?
Not necessarily. Pleas are offered at all stages of a criminal case, for many different reasons.
You have hired an attorney to represent you. Remembering that only you can make the final decision, listen carefully to that attorney's advice.
Good luck.
Why are you asking the question here when you have paid good money to retain a lawyer?
In my experience when the offer comes depends a lot on the prosecutor who is handling the case. The fact that the alleged victim is, as you say, promiscuous, isn't a large factor as a jury will probably not be allowed to hear that information. Talk to you lawyer ass/he has acess to all the discovery material and not just what little information you have given us here. Also the issue of the alleged victim is only a fact in some sex related charges but not all.
Call your lawyer!
Ask the attorney who you paid for this question. They will know the situation better than anyone here. No one is going to answer your question because none of us know your case, your attorney does and should advise you. If you don't like or want that advise, get another attorney.
Without knowing what prosecutor your attorney is dealing with, I couldn't guess as to whether the one week offer is really only a one week offer. It is not unusual to receive an initial offer from the prosecutor at the outset of a case. Some prosecutors have a policy that once a case is set for trial all deals are off. Others may sweeten the pot at the eve of trial if the defense attorney produces sufficient evidence to make them questions the triability of the case. Others will try even a poor case out of principle or pressure from the alleged victim. I have taken several cases to the brink of trial only to receive a substantially better offer from the prosecutor on the eve of trial. In short, an early offer is not unusual, without knowing more details of the case, who the prosecutor is, and your criminal history among other things I cannot comment on whether it might get better later. You should discuss that with your attorney.
As the previous attorneys said, you should discuss your concerns and questions with your attorney.
It is common for the State to offer a plea early on in a case. Although, sometimes they come later. Or, they may change as a case goes along. Every prosecutor/office is different in terms of their policies and how serious they are in revoking an offer that isn't accepted within the timeline. Only an attorney who has thoroughly reviewed your case and knows the prosecutor could give you an intelligent opinion about whether the offer is good or not. You should discuss it with your attorney. But, as the previous attorney said, it is ultimately your decision to accept a plea or decide to go to trial.
Prosecutors can make an offer and then pull it off the table if you interview the victim or engage in motions. They will certainly take the offer off the table if you have motion hearings. It's just the way the process works and case law does not prevent them from handling cases in this way.
You should work with your attorney to get answers - understand that being a defendant is frustrating and doubly frustrating in a sex offense case. If you think you should have hired another attorney then you should get another one. This case is going to be way more important to you later in life than money is now.
JensenLegal.com (206) 617-9173
