Legal Question in Criminal Law in Connecticut

Uncooperative/ Witness cannot be found...take deal?

Hi, I'm a first year law student and a friend asked me for my opinion.

Loc: CT

Crime: Sex Assault 2, Risk of Injury to a Minor

Situation: He was 21, alleged victim was 15.

It is coming up on 2 years since alleged sex act between the 15 yr old and the 21 yr old.

He said her statement is very detailed though a lie but its the statement vs. him. Not much he can prove she lied about. He said, She said.

About a year ago prosecutor offered him 9 months in jail with 2 yrs suspended, then 2 months ago at a disposition conference offered to drop sex assault 2 and a sentence recommendation of 9 months with his public defender having the right to argue for less if any time. He turned that down too.

Is he being smart? Are best deals right before trial? He is in grad school out of state and hopes that will not be interrupted and wants to be able to get a job after. The girl called the victim advocate and officer who took her statement and said she lied approx. 1 month after she gave statement. Prosecutor has not contacted her at all in the 2 yrs. Is that unusual?

If she has gone away to college will they still go on as if she will show up or drop it before he has to leave school to deal with it? Thanks for your general opinions.


Asked on 9/13/05, 4:55 am

1 Answer from Attorneys
Dennis McDonough Dennis P. McDonough,L.L.C.

Re: Uncooperative/ Witness cannot be found...take deal?

Interesting dilemna.If he goes to trial and c/w testifies that she originally lied,State will use her original statement,if written,to impeach under Whelan;if she does not appear State probably has no other evidence and case goes away.Every Court is different as to when best offers made.Friend should consult his atty. as to whether atty. has any knowledge as to c/w's whereabouts.Cannot advise as to take deal or not. Good Luck Dennis P. McDonough

Read more
Answered on 9/13/05, 6:47 am


Related Questions & Answers

More Criminal Law questions and answers in Connecticut