The third consideration in fighting a proactive sting charge is to assess your personal situation.

In many ways my son Jace’s case, and situation, was the perfect storm. That is to say that his personal situation – from the case itself all the way to my ability to help him (emotionally, financially, and legally) made it possible for Jace to fight the charges.

That option is not always available, even when the entrapped citizen is 100% NOT GUILTY.

Let’s say you are married and your spouse needs your income to make ends meet. Or you have children and they need financial support. Maybe you have an elderly parent you help care for.

The chances of you losing your job are high, but you can’t get another job if you are in prison. A plea deal may be your best option if you have heavy financial obligations.

Or, your spouse or children are being harassed and you personally feel as if you need to take a deal to make it ‘end’. I’ve heard this from people – and I can imagine a few situations where that might be true. For instance, an elderly couple who don’t need an income but who want to be able to enjoy what’s left of their retirement, may choose to take a plea. But remember most ‘deals’ include probation and the registry. In fact one friend took 10 years probation over prison time. For him, it made sense, and he has not been harassed by his probation officers.

Your own emotional stability needs to come into play here as well. In many states when taking a plea, you are required to tell the judge that the charges and case against you are true. My son Jace stated he could not say he intended to have sex with a 13 year old girl when he didn’t. But as parents, we know our children’s need for food and shelter can, and arguably should, override our own pride. I was able to facilitate Jace’s pride – thus the ‘perfect storm’ for our fight. You may not have the luxury of such a choice.

Side note to accepting a plea, your state MAY have ‘Alford’ pleas. Accepting an Alford type plea means you believe the state has enough evidence that they *could* get a conviction, but not that you admit to being guilty. Your lawyer can tell you if this is an option for you.

It’s very important for you to assess your personal situation openly and honestly with yourself, and those who will be directly affected. Understanding your options, and what choices work best for your situation, can help facilitate healing. Not taking this time to think things through can lead to feelings of remorse later, and possibly resentment from others affected.

And again, do not choose to take a plea or to go to trial before having all the information you need!

  • Your state laws
  • Your lawyer’s knowledge and input
  • Your personal situation
  • All of your professionally investigated evidence (Part 4)

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