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Plea Bargaining After a False Confession

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  • 10-14-2007, 08:45 AM
    CO_railroaded
    Plea Bargaining After a False Confession
    Hi everyone, I have been reading this forum for a while and now I was forced to join.

    I am a accused of having sex with an inmate in NY while serving my duty as a peace officer. Inmates generally accuse someone of something so they can get transferred closer to home (NYC)

    I will make this short for now and fill in any questions later.

    I was asked to come to the police station to help "discredit" the accuser and found myself sitting there for 16 hours!!!!!

    I asked for a lawyer and tried to leave but was denied both. I was never arrested until about 11 hours into it when I finally just said I needed to go because my fiance was 9 months pregnant and we had already had a previous miscarriage. On top of that I have acid reflux, high blood pressure cause from sleep apnea and I am "supposed" to take Zoloft. All of which was explained to the detectives and finally the heart burn became unbearable and I figured since being denied a lawyer after "REQUESTING" several times I was just knew I was getting off of this bogus charge.

    SO I signed a statement and told the detectives it was under duress. Now the DA wont drop the charges and my statement holds about 7 A felonies and a few B felonies because the cops and me were in a pissing match during this time. I am offered a deal on a an E`felony and I will probably do some time and have to register a asex offender !!! ANY IDEAS!!!????
  • 10-14-2007, 09:15 AM
    panther10758
    Re: To Plea or not to Plea ? ?
    Heres an idea find a defense lawyer ASAP!!
  • 10-14-2007, 02:59 PM
    CO_railroaded
    Re: To Plea or not to Plea ? ?
    Real funny.:mad: I already have an attorney who says I should take the plea deal. BUT my fiance wants me to fight it to the end. Even if I get slammed! I say take the deal then expose the corruption(If I can). At least get something out there to the public.


    I am not on this site to joke around, this is my future. We just had a baby and we have 3 other children. If I take the plea, I am a registered sex offender. Is there any way to do the time/probation and get a CRD and adjudication????

    If there is, then I will take the deal. If not I do not want my kids having friends that think I am a sex offender when m,y picture is splattered al over town.

    But, If I fight the only evidence they have( my own statement), I am told it's next to impossible to get it tossed in a motion to supress. By then its too late because the grand jury will already have me on my statement admitting to crazy stuff I didn't do because I "thought" I would get out of it on the technicallity.
    So, please...All jokes aside, I am looking for sound logical advice from someone other than my own attorney.

    I am sure he knows what he's doing but we are very religious Christian people and I feel No Judge can Judge any part of me as long as Jesus Christ is in my corner.

    However, This is the corrupt judicial system of this State we are talking about. I think taking the plea and suing them civilly is what I should do.

    ANY thoughts from someone taking this seriously????
  • 10-14-2007, 04:24 PM
    CO_railroaded
    Re: Pleading Guilty Without Admitting Guilt
    an I counter a plea to charges? I am offered an E felony (rape 3) and an A misdemeanor( Official misconduct) for allegedly having sex with a convict while performing my duties as a Correction Officer.

    First off, I didn't do it, but I made a statement under duress and ended up arrested and was refused my attorney, etc. This same story is all over the place.

    I asked for 2 weeks to think about the plea to the charges. I don't like them. Can I request they drop the E felony and make it 2 A Misd's.

    I really don't mind taking a hit and going on with my life, but registering as a sex offender will really wreck my day.

    Can I instead take the E felony for lying on my statement? If so, will they still keep my statement in evidence? Its all they have from discovery.

    I go back to court tomorrow to either accept a plea to the charges or refuse and let it go to the grand jury where they will hear all of the falsehoods of the discovery. AND then "I" will bear the burden of proving them false instead of them proving me guilty.

    The system does not work. I have worked in the prison system for 10 years. I know for a fact that deals are made, and people are tossed in prison while innocent! Because they can't afford an attorney so they just take a plea and end up in prison.


    I am disgusted with the way this justice wheel turns.
  • 10-14-2007, 06:29 PM
    aaron
    Re: To Plea or not to Plea ? ?
    I don't know what the charges are. I don't know what plea deal has been offered. With that as the context, leaving aside for the moment the issue of your confession, I have no way of knowing if it is a deal worth taking.

    Your lawyer is the person best situated to advise you as to what the prosecutor may offer.
  • 10-14-2007, 06:44 PM
    CO_railroaded
    Re: Plea Bargaining After a False Confession
    Always the same answers. Aaron, I emailed you with the information needed. The whole point of my going on here and putting trust in others is because I thought there was a degree of knowledge and experience on here. Don't be surprised when I tell you that some lawyers do not go the distance for their clients. I want to make sure all my options have been made available to me.
  • 10-14-2007, 06:51 PM
    aaron
    Re: Plea Bargaining After a False Confession
    If you expect to get answers from people who you know don't have the requisite information to provide them... one hardly knows what to say.
  • 10-14-2007, 07:00 PM
    CO_railroaded
    many flaws, no proof
    I am a accused of having sex with an inmate in NY while serving my duty as a peace officer. Inmates generally accuse someone of something so they can get transferred closer to home (NYC)

    I will make this short for now and fill in any questions later.

    I was asked to come to the police station to help "discredit" the accuser and found myself sitting there for 16 hours!!!!!

    I asked for a lawyer and tried to leave but was denied both. I was never arrested until about 11 hours into it when I finally just said I needed to go because my fiance was 9 months pregnant and we had already had a previous miscarriage. On top of that I have acid reflux, high blood pressure cause from sleep apnea and I am "supposed" to take Zoloft. All of which was explained to the detectives and finally the heart burn became unbearable and I figured since being denied a lawyer after "REQUESTING" several times I was just knew I was getting off of this bogus charge.

    SO I signed a statement and told the detectives it was under duress. Now the DA wont drop the charges and my statement holds about 7 A felonies and a few B felonies because the cops and me were in a pissing match during this time. I am offered a deal on a an E`felony and I will probably do some time and have to register as a sex offender !!! ANY IDEAS!!!????


    So ....I am offered to plea to an E felony (rape 3 ) and Official Misconduct ( Misd.) Sentence will be "some" time. (30 days, 45 days) with probation.

    But if I go to court and admit I lied on my Statement, can't I try to work out some other type of deal, or will they hit me with that E Felony as well?(lying on statement)
  • 10-15-2007, 05:16 AM
    Baystategirl
    Re: many flaws, no proof
    Quote:

    Quoting CO_railroaded
    View Post
    I don't know....I thought until I got some kind of response from someone actually knowledgeable in the field, which is not easy to come by I see.
    Why didn't you just give your opinion instead of answering my question with question. I thought you people "wanted" to help people? This is for real and it is full of corruption. Wish I could get some help.

    Post on your thread the statute and the gist of your confession.
  • 10-15-2007, 07:49 AM
    panther10758
    Re: Plea Bargaining After a False Confession
    Information provided in the forum is not intended to substitute for professional advice, including but not limited to professional legal advice. If you submit a question or comment it is assumed that you are interested in soliciting, receiving or giving general information and not legal advice. Laws vary by state, and the laws described in this forum may be different in your state or may have been changed since the information was posted. The legal help offered in this forum comes from volunteers who may not have any formal legal training or knowledge, and all information should be confirmed with a qualified legal professional. All information is made available on an "as is" basis. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship. Use of this forum is subject to the ExpertLaw terms

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