The truth of the matter is that the actual State attorney is an elected official, and they have to run for re-election. They don't want to look soft on these crimes. They don't want to be seen by the voting populates as someone who is dismissing charges against perceived pedophiles. That's also from the individual assistant

State attorney's perspective, they are all watched by the supervisors. I would also say that 99 percent of time, they want to get something out of the case they're prosecuting versus letting it go. The reason for this is that it is typically appreciated in the State attorney's office. Going to trial and prosecuting hard cases rather than dropping the case is unfortunately the situation because that is valued above dismissing the case quite often.

I do want to say there are individual exceptions to that, and there are prosecutors that are very careful and take their oath of attorney very seriously. They will do the right thing even if it's politically unpopular when it comes to internet sex crimes and travelling to meet a minor charges.

To raise another issue: let's assume we're playing devil's advocate in worst case scenario. You believe the person to be a child. You're going to meet her at a public place, with no intention at during that rendezvous in having sex - that's not a crime but it depends on the content of conversation. Maybe they can get you for misdemeanor contribution to the delinquency of the minor. But you know the purpose of the traveling has to be for something sexual for you to be guilty for the crime.


So let's say all through this conversation he's trying to break this off, he doesn't want to meet, he's got a question ability about the age, he's not certain, he's not a 100 percent OK with what's going on. It's obvious he didn't jump right on this, and say, "oh, you're 14, I'm on my way." Finally, with the officers badgering him, why is it legal for them to continue, the attack, so to speak, or the solicitation to him. When he says no, why doesn't no mean no?


Really, what we have is your mind being changed by the persistence of law enforcement, where your initial thought pattern was "I'm not interested in doing this."

Continue to Part 5 >>

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Nolle Prosequi - Case Dropped

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Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

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