How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70643
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

our 19 year old son was convited after pleading guilty to a

Customer Question

our 19 year old son was convited after pleading guilty to a serious sexual offence,2 weeks before the hearing he was ,advised to take a plea bargain of 18 monts to 2 years which he did,as he had been in prison on remand for 6months,he would be out qulcker this way,but 5minutes before the sentence at crown court we were told the prosecution were going to turn the heat up on 1 of the charges,which they did resulting in our son getting 3 years in coustody,we want to know if this can be done after our son accepted a plea bargain of 18months to 2 years
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Is this a first offence?
Customer: replied 4 years ago.

he received a caution for contact with a 15 year old girl friend after their relationship of 6 months finished.

Expert:  Jo C. replied 4 years ago.
Sorry, can I just be clear about this?

In effect, he took a lesser charge but they said there were aggravating features of the offence?
Customer: replied 4 years ago.

no penetration was documented on all paperwork but was included at sentencing, as a possibility.

Expert:  Jo C. replied 4 years ago.
Thanks.

Can I just try to understand this?

He was charged originally with rape or assault by penetration? Is that right?
Customer: replied 4 years ago.

no rape or penetration was involved, section 39 was documented. A 12 year old boy made allegations, our son was a friend of the older brother & could not account for the presence of the lads semen on his quilt cover which had spent time at the alleged victims house. Text messages were the main source of evidence.

Expert:  Jo C. replied 4 years ago.
Thanks.
So what was the charge and to what did he plead?
Customer: replied 4 years ago.

incitement to commit a sexual act with no penetration

Expert:  Jo C. replied 4 years ago.
And to what did he plead?
Customer: replied 4 years ago.


just going to visit our son now so be back later if that is ok with you

Expert:  Jo C. replied 4 years ago.
Yes, no problem.

I need to know what were the original charges and what he pleaded to.

There's no rush though. Come back when you like.
Customer: replied 4 years ago.

we think,there were two of sending photos to a boy aged 12 and also inciting the same boy to perform a sexual act,we want to know if after our son after accepting a plea bargain of 18 to 24 months,can the prosecution on the day of sentencing and change one of the charges
thefore, the plea bargain was no longer used,can you tell us if it is worth pursuing this by taking the case notes when they arrive,to a solicitor to see if anything was wrong on the day of sentencing,that is what we need to know from you.

Expert:  Jo C. replied 4 years ago.
Thats not what happened here.

He was charged with X offence. The Crown agreed to accept a plea to another offence. They didn't agree that sentence would be capped at 18-24 months and they are not able to do that as sentence has nothing to do with them but is for hte court.

In any event though, they can go back on plea bargain for lots of reasons although that would be unusual.

There's only one ground of appeal and that is that the sentence manifestly excessive.

Sorry if this is bad news.

Hope this helps. Please let me know if you need more information.