Legal Question in Criminal Law in Wisconsin

Son serving time for sexual assault/child enticement

Son states he put hand under daughters shirt on back, as he has done since child was very small, to show affection. Asked his daughter, who is now 15, if she was having an active sexual life. Parents have been seperated for about 8 years, mother has physical custody. Daughter told mother about this and mother pressed charges of inappropriately touching of the daughter. In Court, everytime father would try to tell his side, DA would say you're in denial and only making things worse for yourself. He got a public defense lawyer, and that lawyer told him the same as the DA. Son finally gave up and excepted the sentence. My question is ARE WE NOT GUARANTEED, by the constitution, to have a fair trial, and to confront our accusers at a trial. My son has had neither of these. How can this trial be fair, when the daughter was not there, only the mother, who was not present during the incident.


Asked on 9/04/08, 9:14 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Waiving Trial Rights, Plea Bargains, Child Sexual Assault

Waiving Trial Rights, Plea Bargains, Child Sexual Assault

There is indeed a due process right to a trial in all criminal case. However, due process under the constitution also includes a right to waive a trial and accept a plea bargain. You son obviously did this, or he would not have been sentenced. Often, it is simply in one's best interest to do this, if the government make an "offer you can't refuse." Conviction after going to trial on a child sexual abuse charge often leads to a sentence measured in decades rather than years, while a plea can result in as little as a few years. This gamble is often simply not worth the risks.

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Answered on 9/05/08, 9:08 am


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