Client was charged with a 3rd degree felony, unlawful sexual intercourse with a 16 or 17 year old.  The Client had a sexual relationship with a neighbor who was 12 years younger.  The Client’s criminal defense attorney successfully negotiated a plea agreement where the Client would plead guilty to a Class A Misdemeanor and would be required to register as a sex offender.

The Alternative Sentencing Report portrayed a “complete” picture of the circumstances associated with the unlawful behavior and the corrective measures taken by the Client to minimize the harm caused to the victim.  The Client was accountable for her actions, demonstrated empathy for the victim, and expressed remorse for the conduct.

Particularly with sex crimes, the unintended consequences of sentencing extend well into the future as well as having a significant immediate impact.  These consequences include housing limitations, freedom of movement, and personal association, all of which impede healthy relationships.  Especially when the offender is a parent and the normal restrictions imposed in conjunction with this category of offense would unnecessarily impede their ability to function in that capacity.

The charged conduct in this case was outside the norm for this category or type of offense and the sentencing outcome reflected this fact.  As a result of the information and context contained in the Alternative Sentencing Report the collateral consequences of a sex crime conviction were successfully minimized by presenting a rational alternative solution that did not compromise community safety.

Specifically, the Client was able to maintain her parental role in the home allowing the family to remain together and learn from this experience without causing further harm or creating additional victims.   The alternatives proposed and accepted by the court were reasonable and promoted a fair sentencing outcome for everyone concerned.

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Case Study #2

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