Plead Guilty or Not

[KingCobra]

First of all I'm 100% innocent

Here is my problem my wife's daughter said I raped here when she was a child and I have no defence only I did not do it, that's my complete defence which I don't feel will get me proved innocent

If I go to court fight it I'm looking at 19 years and that's a long time my kids will be in there 30's time I'm out I'd be in my 60's

I want to see my kids before that

I've heard of this thing called guilty pleas - what are they? Do everyone get offered them? When do they offer you them?


I feel sick at the thought of having to say I am guilty but I've no defence and my options are very slim. Just trying to see what all options are on the table.

[sqounk]

Hi King Cobra - I am sure the more experienced members of the forum will say that if you are innocent, you must plead not guilty.

[Rights Fighter]

if you are not guilty then by pleading guilty you will automatically become a self-confessed sex offender and will have to live with that for the rest of your life.

Can you live with that?

[Franticwithworry]

No-one should plead guilty when they are not. Solicitors will always outline all the options, one of which is the consequences of pleading guilty even if you are innocent. It's their job.

Remember that if there is no proof that you didn't commit the crime, when no crime happened there is no proof that you did either.

Have you secured the services of a specialist solicitor who has experience of false accusations? If you have been charged and have seen at least some of the 'evidence' against you, you will be surprised at the holes you can pick in it, especially if the only evidence is the false accuser's statement. Your solicitor will help you through that process, but it's up to you to find the evidence of why it couldn't have happened. You will find lots of things when you start looking, probably, but if you've not been charged you've nothing to disprove, no accusation in the form of a written statement yet.

Again, you really need to talk to a specialist solicitor who will be able to explain all the ins and outs of when and how you enter your plea. You have to be charged and have a court date first. There's a thread with solicitor recommendations on here if you need it.

[KingCobra]

if you are not guilty then by pleading guilty you will automatically become a self-confessed sex offender and will have to live with that for the rest of your life.

Can you live with that?

Last thing I'd want is to be a self confessed sex offender even though I'd know I didn't do anything,

Everyone keep saying pick holes in statement but even though it's lies as she's saying she was 11 to 17 years old I cannot find any that will help my case.

I'm thought is if found guilty at crown court I'll not be out of prison to mid 60's pushing 70 so my life will almost be over anyway

Seems I'm ****ed if I do and ****ed if I don't

I'm innocent but have no defence to prove I am

So many getting convicted on just fa statements it seems I had no chance.no matter what I do.

[Rights Fighter]

There are many being found NG too so please take heart in that.

You might think you can't pick holes in it but try asking for help with it.

[Mr B]

If you plead guilty, when in fact you are innocent, you help the FA cohort get the next person sown up with a conviction.

You may loose to a false conviction (it IS possible), but I urge you to do the "right" thing in pleading what you are, Innocent.

This is a "herd management" question - do I think of myself or the group? To throw yourself to the "mercy" of the Court & the Crown that puts an innocent person in this situation is like asking the Devil to play fair.

Your choice is to fight now (where a win/loose situation is possible), or fight forever (in a loose/loose situation as you are self-confessed for something you did not do & have the mental turmoil that goes with that decision).

I would take the shorter fight. Indeed I have. NFA's after 12 weeks (very quick) - but with repeated allegations being generated by the FA (wife) just to keep pressure up in divorce. Good luck with your choice.

Kindest regards
Mr B

[xHatx]

more then half year ago we (my son and me) were just in inch from pleading guilty,
our barrister was VERY persuasive, told us what there is nearly zero chances to win our case,
what if we plead guilty we will get much shorter sentence,
even me (and I am completely believe in my son's innocence ) started to think what common sense telling me to advise my son plea guilty ,
we are really almost lost a hope,
just the very last thin string of hope stopped us then,

so far we are still fighting
after first trial ,now we are facing re-trial ,having another barrister and our hope much stronger.

IF YOU ARE INNOCENT -DON'T GIVE UP

[Released prisoner]

please Guilty or Not

I am sorry to hear what you are going through. I like to share a similar case with you, I met this guy in prison and he had a similar case as yours.

the girl accused him of assault by penetration. He had no defence at all. Just words against him. he pleaded no guilty.

In the trail, prosecution barrister said, she is a child, why would she lie?

he got found guilty. he cried and said no, she was like her daughter and that, but no one believed him. he got 8 years sentence.

I am sorry because i know, you don't want to hear that but i just got released from prison and i have served a long sentence. I was in a sex offender unit and I met people and read their paperwork and cases.

Think so many times before whatever you want to do and if you going for a trial, then you must start prepare yourself for a very big fight. Read about cases and gather information. Don't just rely on your barrister.

if you need any information, please send me a private message.

[Casehardened]

if you need any information, please send me a private message.

A kind offer but note that you won't be able to send or receive pm's until you are a 'full' member (the software will automatically upgrade you once you have been a 'new' member for 10 days provided you have made at least 5 posts)

[ThePonderer]

I was in a sex offender unit and I met people and read their paperwork and cases.

Think so many times before whatever you want to do and if you going for a trial, then you must start prepare yourself for a very big fight. Read about cases and gather information. Don't just rely on your barrister.

if you need any information, please send me a private message.

Hi released prisoner - not that I've been charged (yet?), but I would completely concur with information gathering and being pro-active. 'Why would she lie?' could have been prepared for because he must have thought of at least some reason for her to make this allegation and was there literally nothing he could present as evidence? I doubt it. I do a little bit of work each day on my case, either information gathering, evidence or case building - I read very soon after being aware of this forum that a solicitor won't really get involved until you are charged - and what are they going to do apart from represent really what you give them? So, yes - be pro active. And...knowledge is power. The more you know the harder you are to knock down.

Talking of which...we imagine the worst and think that it is a gaping black hole that we cannot possibly live through - if we are innocent and are found guilty and find ourselves in prison, we will live through it because it is possible to live through it. It will not kill us. The fear of the unknown is often worse that the reality of the experience. So, can you enlighten us as to live on the SO wing - what was it like, daily routine, etc. That would be a very useful function I think, because if we know the worst we can prepare for it - hopefully avoid it, but not fear it as something that is so dark suicide etc. is a better alternative. People do get themselves into these mind-sets. You lived through it. Tell us about it!

[Franticwithworry]

I am sorry to hear what you are going through. I like to share a similar case with you, I met this guy in prison and he had a similar case as yours.

the girl accused him of assault by penetration. He had no defence at all. Just words against him. he pleaded no guilty.

In the trail, prosecution barrister said, she is a child, why would she lie?

he got found guilty. he cried and said no, she was like her daughter and that, but no one believed him. he got 8 years sentence.

I am sorry because i know, you don't want to hear that but i just got released from prison and i have served a long sentence. I was in a sex offender unit and I met people and read their paperwork and cases.

Think so many times before whatever you want to do and if you going for a trial, then you must start prepare yourself for a very big fight. Read about cases and gather information. Don't just rely on your barrister.

if you need any information, please send me a private message.

Released prisoner,

I appreciate your wish to help and for people to make informed choices, but please remember that other people's experiences are not necessarily a good yardstick in this situation. Certainly some people falsely accused end up serving long sentences, but many, many do not. King Cobra is at the beginning of this journey, traumatised and frightened. Pleading guilty is an option he can consider based on all the evidence in HIS case. Certainly you've seen other inmate's paperwork, but you don't necessarily know what kind or quality of representation they had.

Please remember that this forum is intended to be a support for people, not to put the fear of God into them. That's not to say that false hope is good, but balance is. At present King Cobra can't see the wood for the trees.

Let's help him find a path to a clearing?

[Franticwithworry]

Last thing I'd want is to be a self confessed sex offender even though I'd know I didn't do anything,

Everyone keep saying pick holes in statement but even though it's lies as she's saying she was 11 to 17 years old I cannot find any that will help my case.

I'm thought is if found guilty at crown court I'll not be out of prison to mid 60's pushing 70 so my life will almost be over anyway

Seems I'm ****ed if I do and ****ed if I don't

I'm innocent but have no defence to prove I am

So many getting convicted on just fa statements it seems I had no chance.no matter what I do.

KingCobra,

I see you haven't been around for a couple of weeks. I hope you'll come back soon and get some support or at least browse a bit more.

One thing to consider as you make your decision on your plea - it's not immutable. You can change it from not guilty to guilty but not the other way round. Even so, from what you say I'm not clear on if you've been charged yet and have her actual statement disclosed to you, or if you're just going on what you've been told that she said. If you're going on the statement a specialist solicitor will help you identify the kinds of things you need to deal with it. If you're going on what you've been told she's said, it's far to early to worry about your plea.

Please try not to worry about things that you don't need to worry about yet. Cross bridges when you come to them.

[Released prisoner]

I do apologize but I didn't have any intention to spread any fear.

There are few things which I didn't know when I was dealing with my case.

- Choose a good solicitor but barrister must have to be a specialist in Sex cases.

- Always choose a female barrister when you are dealing with female complainant. Because a female barrister can ask deep questions from a female complainant but male barrister might not ask them kind of questions.

- Prepare your own defence, dont just rely on a barrister. On legal aid, barristers don't really start working on the case till the last moment.

- Gather as much character witnesses as possible who willing to come and give oral evidence. Becuase in these kind of cases where there is no evidence, Character statments and evidence works. Because jury need to know, you are a good person and can't do such a thing.

- Just saying you are inncoent doesn't work in court anymore, if the girl the complainant started crying then jury will take her place so gather as much as evidence possible that can prove she is lieing. prosecution will tell the jury, she is inocent, young and a child etc, Why would she lie? -- You will have to find a answer for this.

regarding SO unit. in prison, its quite. sex offenders normally be protected from other units. sex offenders often get called vulernable prisoners (VP). you can do all sort of education there for example, Distance learning courses and even open university. there are workshops where you can go and work. the wage is in pounds. food is not too good but u can cook yourself. some prison have toasters and microwaves. people in SO unit are quite and no one really ask what you in for.

i was innocent but got found guilty. my words against her. i didn't have anyone explaining me what to do and that but atlest a lot of people here who can guide you. I am still fighting for my case and will forever.

hope this helps

[Franticwithworry]

I do apologize but I didn't have any intention to spread any fear.

There are few things which I didn't know when I was dealing with my case.

- Choose a good solicitor but barrister must have to be a specialist in Sex cases.

- Always choose a female barrister when you are dealing with female complainant. Because a female barrister can ask deep questions from a female complainant but male barrister might not ask them kind of questions.

- Prepare your own defence, dont just rely on a barrister. On legal aid, barristers don't really start working on the case till the last moment.

- Gather as much character witnesses as possible who willing to come and give oral evidence. Becuase in these kind of cases where there is no evidence, Character statments and evidence works. Because jury need to know, you are a good person and can't do such a thing.

- Just saying you are inncoent doesn't work in court anymore, if the girl the complainant started crying then jury will take her place so gather as much as evidence possible that can prove she is lieing. prosecution will tell the jury, she is inocent, young and a child etc, Why would she lie? -- You will have to find a answer for this.

regarding SO unit. in prison, its quite. sex offenders normally be protected from other units. sex offenders often get called vulernable prisoners (VP). you can do all sort of education there for example, Distance learning courses and even open university. there are workshops where you can go and work. the wage is in pounds. food is not too good but u can cook yourself. some prison have toasters and microwaves. people in SO unit are quite and no one really ask what you in for.

i was innocent but got found guilty. my words against her. i didn't have anyone explaining me what to do and that but atlest a lot of people here who can guide you. I am still fighting for my case and will forever.

hope this helps

It does; and that was a great post.

I'm so sorry to hear that you were wrongly convicted. Much has changed over the last few years, most of it not good but I'm hopeful that some positive changes are in the pipeline. Please do keep fighting. Do you have family support? A plan? Legal assistance? I understand that thise protesting their innocence throughout can be given a hard time by the authorities, so I hope things aren't too grim for you right now.

Thank you for being here and helping where you can. You are so right - just saying that you are innocent isn't enough. People do need to understand that they can and must say more, no matter how frightened they are.