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sum24mer

Unfair case

5 posts in this topic

A 14 year old charged with one count of aggravated Child molestation is 2005. He never understood why was he charged with two counts of aggravated child molestation. Until 19 years old. reading through some information that the public defender did not supposed to send to him.

Read this statement. In if you have any suggestions on what he should do about this case. Let me know thank you:

 

in order to split the senates between juvenile court in Superior Court I am going to have to file a new charging instruction alleging two crimes. To avoid any further delay what I want to do is file a felony Accusation charging him with two counts of child molestation. We will transfer one to Juvenile Court and keep the other as long as you (public defender) all don't object to waiving indictment. I will get this Accusation filed today. 

 

 

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No idea what your question is.  Did  the juvenile plead guilty, have a trial, have his case transferred to circuit court, etc.  All you have said is that he was charged with two crimes eleven or so years ago.

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What is your question?  Everyone will be able to help you out much more if you are more clear as to what you're asking.  All I got out of it is that he was charged 

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On 12/28/2016 at 11:27 AM, sum24mer said:

A 14 year old charged with one count of aggravated Child molestation is 2005. He never understood why was he charged with two counts of aggravated child molestation.

 

Well...if, as you wrote, he was only "charged with one count," I can understand why he wouldn't understand "why he [was] charged with two counts."

 

 

On 12/28/2016 at 11:27 AM, sum24mer said:

in order to split the senates between juvenile court in Superior Court I am going to have to file a new charging instruction alleging two crimes.

 

I have no idea what "split the senates" might mean.  Also, you didn't tell us who wrote this "statement."  Since the only person who can file criminal charges, is a prosecuting attorney, I assume that's who wrote it.  Correct?

 

On 12/28/2016 at 11:27 AM, sum24mer said:

Read this statement. In if you have any suggestions on what he should do about this case.

 

For starters, what does any of this have to do with you?  Were you the defendant?

 

You've told us that the person was charged, but you didn't tell us anything about anything else.  Did the case go to trial?  Was the defendant convicted?  If there was a conviction, has the defendant completed the sentence?

 

No one can provide reliable "suggestions [about] what he should do about this case" without knowing all of the relevant facts.  If the defendant wants reliable advice, he should speak with a local criminal defense attorney.

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I just make a guess....

 

would it be possible that it is "count two "  , not " two counts"  of Child molestation ??  

count two , literally mean  " crime number two" 

if one commit several offence , it would label it into "crime number 1"    "crime number 2" as label....

 

lets hypothetically assume  one commit  count one theft along with a  count two misdemeanor

"crime number 1"   =   count one,  theft ( assuming 2 years a  of imprisonment)

"crime number 2" =   count two, misdemeanor ( assuming 1 years of imprisonment)

 

so one commit on.

 

so if it's in fact not counting it twice, ...?

 

 

I make a second guess,  

 

would it be possible of number of time ,that offence committed ?

 

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