Minneapolis, MN asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Minnesota

Q: Facing 5 felony charges from false accusations by husband's ex-wife in custody battle. Seeking advice on plea deal vs. t

I am currently facing five pending felony charges that have arisen from false accusations by my husband's ex-wife in a custody battle. She has a history of making unfounded claims, including allegations of harassment and stalking, which are untrue. The children involved have expressed missing me and our family, contrary to her claims of fear.

Additionally, the ex-wife has made over 30 false reports to the police against me, which I can substantiate with documentation. Given these circumstances, I am unsure whether to accept the proposed plea deal of pleading guilty to two charges while having three dismissed or to proceed to trial.

I would greatly appreciate your legal advice on the best course of action in this complex situation. Thank you for your insights and recommendations.

3 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: This isn’t the forum for legal advice. None of the attorneys on here have access to the discovery in your cases. If you have any attorney, you should listen to your attorney. You definitely need an attorney if you do not have one. But advice like this requires a detailed discussion of the facts of each case, the likelihood of success or failure, and the strategic benefits of either accepting the plea offer or going to trial.

Robert Kane
Robert Kane
Answered
  • Criminal Law Lawyer
  • Eagan, MN
  • Licensed in Minnesota

A: You shouldn't accept or expect legal advice for a complex situation on a free online Q and A.

I am sorry, but neither the police nor prosecutor will ignore her history of making unfounded claims, including allegations of harassment and stalking, which are untrue and over 30 false reports to the police against you, which you can substantiate with documentation.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: A lawyer cannot give legal advice about a plea agreement vs. trial, without being the attorney of record, after thorough review and time spent with the known facts, discovery from the prosecution and other facts and evidence; as well as research into laws that could relate to those. As a general matter, in any litigation whether civil or criminal, parties should compare their reasonable expectation (based on the evidence and law) for the trial outcome, against any proposed settlement agreement. If one meets the party's goal better than the other, then the rational choice would be that option. Which of the two options appear most favorable? My view is that we should go to trial more often than most do. And if a client swears innocence-in-fact, I urge them to refuse to plead guilty and instead go to trial. But sometimes they make a contrary choice out of pragmatism. These can be tough choices. But the only lawyer in a position to give advice is the lawyer who has been working the case.

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