Should I accept am gonna go to jail?

[Anonymous]

So I met a girl on okcupid that I slept with who I ended up finding out was underage. I find out 2 months later she was underage and freaked out.

The cops ended up coming to my house after someone she know said something about it. I admit to everything give them my cell phone password and all the evidence they needed and said she had lied about her age.
The case has been on going for 5 years now my lawyer says it doesn’t matter what I admitted to all that matter is what evidence they have on me. Which is 3 photos of us without our faces in them and text messages that 100% proves she lied about how old she was.

She ended up finding me on social media through my best friend I was hesitant to talk to her at first but did. She’s 22 years old now engage to someone she has two kids with and has a history of doing this to men.
She apologized for everything she did and says at the time she was going through a lot daddy issues so liked older men and used sex to help with it. she says she will do anything to help me even lie in court if need be because of the way the law is.
I have Been afraid to move the court case forward even with her on my side.

Should I just go to jail or take a risk to win my case? The victim has never been to court since the otherwise don’t believe they need her to win the case but my lawyer wanna speak to her and she zero idea I talked it her already.

Updates

10 mo

Just wanted to say as will I have zero criminal history not even a speeding ticket. Am just unsure what a jury would do if I pushed for a trial I can’t take house arrest anymore

Updates

10 mo

I live. In nyc

[Leapfrog00]

This might be going out on a limb, but if she lied about her age, maybe there's a way to access the chat logs. There has to be some type of stipulation there or something. You should not be held responsible if she lied, not matter how long ago it was.

If there are no logs, yes, fight in, and never admit anything to the police. Never! Guilty, innocent, doesn't matter. Talking to them is a big no no. They WILL use everything against you, and they will lie to you and intimidate you to try to get you to confess.

but yeah, if they offered you a pleas bargain to go to jail now for a less sentence or take it to trial and get a higher sentence, take it to trial. The whole thing sounds ridiculous really. There's murderers and real rapists out there and they're worried about something as stupid as this. It would be different if she were a child or something, but a girl who lied about her age? Yeah, I say they're trying to intimidate you. I'd get a civil rights attorney or someone and sue the hell out of them. Sometimes ones just getting out of law school do cases for free for practice. I'd look into it.

[Asker]

I have a public defender am trying to make enough money to pay for my own lawyer but it’s been hard. They already have the chat logs and know she lied about her age but don’t care

[LiamJHayden]

Which state do you live in and which did she? Here is a bit of a breakdown:

https://www.chamberslawfirmca.com/if-an-underage-person-lies-about-their-age-can-you-still-be-convicted-of-statutory-rape/#:~:text=No%20legal%20defense%20exists%20for,how%20persuasive%20the%20falsehood%20is.

[Asker]

I live in nyc

[Asker]

And so does she

[LiamJHayden]

He lying is not a defense in New York, but it also hurts her credibility as a witness. That the DA has not brought the case in five years is telling. Doing the math, it seems like she had to be close to the New York age of consent of 17 and you were more than five years younger than you are now. If she had a history of doing this, they might just be keeping it open in case you have a repeat. A lot of times DAs will do this, not intending to go to trial, just in case the suspect commits another crime.

[LiamJHayden]

Her lying. Stupid typo.

[Asker]

She was 16 at the time but turned 17 two months later. As far as I know at least form what she told me the da did tried speaking to her but she refused to even speak to them and just ask for my mom. As far as I know the da isn’t even going to bring her into court and I don’t think she’s lying since they never bring up anything she said during our. Pre trial hearing… am just sick of being under house arrest.

[Asker]

Yea I was 25-26 at the time I had sex with her I also have a learning disability that makes it hard for me to. Comprehend. Certain things.. think am at a 8-9 grade level iq

[Asker]

When do you think they will drop itn

[MORPHEUS_12]

Just curious, that if they were going to press charges they would have done it. Also certain charges like statutory rape charges are reviewed by state's attorney to determine it there is sufficient evidence to pursue charges against the offender. The age of consent in New York is 17. You do not want a sex offender label BUT you do not want to volunteer to do jail time. Contact your lawyer, yes I read that you have not heard from or they have not returned your call. I would file a complaint with the New York Bar Association because not no contact.

[Asker]

I have charges they dropped one and we been waving our right to a speedy trail

[ShesRad80]

i would fight this tooth and nail and keep fighting this, do not accept that as your end game, jail. or having that on your record forever, you have no priors

i found this it may help its a read but you never know

goodluck to you

What would happen if a girl lies about her age? Lawyers. com

[Asker]

Thank you so much

[ShesRad80]

very welcome

[BoopBoopBeep]

Have they actually decided to charge you? If you're under house arrest, file a movement for a speedy trial. You're going to trial anyway, at least now she's on your side. Might as well face the music before she changes her mind and you're REALLY f'ed.

[Asker]

Yes I’ve been charged but they drop one charge and I’ve been waving my right to a speedy trail for 5 years but done doing that

[BoopBoopBeep]

Just kicking the can down the road brother. She gets some other dude she's into and loses interest in you then you lose your best shot at getting out of this.

[Asker]

She has a boyfriend she has a kid with j talk to her every single day and even play games with the boyfriend

[BoopBoopBeep]

That don't change anything.

[Asker]

You think she will stab me in the back? She’s been with him for a year now and still talks to me everyday calls me her best friend

[BoopBoopBeep]

Yes. On an infinite timeline I absolutely think that. Without reservation. She's not your friend, she's someone who shares a desired similar outcome. It's like international relations. As soon as your interests diverge from mine we no longer are mutually beneficial. We're not friends with the U. K. for so long because we miss good tea.

You've never seen best friends have a falling out? Your literal only saving grace is her willingness to roll over on that grenade and say you're a great guy. That's putting a lot of faith in the permanence of one's free will to advance your benefit.

[Asker]

You right she could change her mind which is what my ex girlfriend worried about

[Meropatrick]

I think if you are going Anyway to jail and will have criminal record as a sex offender which will change your life a lot u might better fight this case. Also u better ask a good lawyer.

This made me really upset because there r real cases of abuse that deserve the attention and now they r prosecuting u. A guy who had consensual sex with a liar. I mean its not even safe to have consensual sex for a normal man anymore without fearing a bitch will lie and ruin his life. Smh

[Asker]

That’s what I fear

[Meropatrick]

I really prefer that you must fight for justice because this is a very unjust situation and not just go quitley to prison. If you did Something wrong i would have told u not to fight to get the least sentence but if you are sure u r innocent and that u have been fooled then please fight for justice you are paying high price Anyway so go while fighting.

[Avicenna]

No one here can answer any of this for you. You have an attorney- talk to them for these answers. They know your case and local practice.

[Asker]

I’ve been calling him for over a year now I can’t even get him on the phone … and he always saying different shit everyday. I can’t tell him I talk to the victim because I can get in trouble

[Avicenna]

Is he a public defender or are you paying him on retainer?

[Asker]

Public defender yes

[Avicenna]

You might also want to find out what the statute of limitations is for the crimes you could possibly be charged with.

Which borough in NYC are you in? I'm from there, too. There is a lot of jury nullification in NYC, so if they haven't tried to plead this out, it must not be some big priority.

[Avicenna]

Never hide or omit anything from your attorney.

[Asker]

I don’t wanna get in trouble since I speak to her which counts as a witness tampering. He says he’s gonna talk to her himself which is why I haven’t said anything and warned me not to speak to her so I stopped

[Asker]

Am in Suffolk nyc and I tried getting a plea deal but never got a offer it’s been 4 years since I ask for one and 5 months since they said they can 100% give me one now.

[Avicenna]

Suffolk isn't in NYC- where did you have sex with her?

[Asker]

Staten Island but my court house is in Islip ny

[Avicenna]

Which police department did you speak to? Staten Island is a separate county and should have jurisdiction. I think you'd get convicted in Suffolk or Staten Island if the evidence is what you say it is.

[Avicenna]

It's not your responsibility to go running after a public defender or anyone else. Public defenders are generally overworked, so that's probably why you're getting blown off.

[Asker]

We been going to Islip supreme court for the last 5 years. Yea pretty much dudes over worked as hell

[Avicenna]

I think Liam Hayden has hit the nail on the head. You need to ensure you do not have any further contact with her, period. I cannot imagine that a DA is interested in prosecuting a case that has been left like this for 4-5 years, even if you factor in a backlog from COVID.

Do either you or her have any ties with Suffolk County? Does one of you live there?

[Asker]

I’ve been talking to her for about two years now every single night and even play video games with her future husband. Yes I do I live in deer park ny so am in Suffolk county. She lives in staten Island. Aug 20 will make it 5 and half years that the case has been going on. I spent 4-5 months in jail before getting bail

[Avicenna]

So you already have some time served. I wouldn't be surprised if they did decide to prosecute that they'd agree to time served and some probation.

It's a bad idea to talk to her. I don't know about playing video games with her boyfriend.

[Asker]

Am thinking about pushing the deer forward myself next months when we see the judge. As far as I know I won’t be getting time served since on house arrest

[Avicenna]

The real thing you should be worried about is being put on a sex offender registry, but, again, I think Liam Hayden is probably right that they won't prosecute without her being willing to testify.

[Avicenna]

You can't be put on the registry without a conviction

[Asker]

I truly hope he is right. I do have charges they just not moving the case forward and no one even knows I’ve been talking to her

[Avicenna]

Were you read your Miranda rights before you talked to the police and admitted having sex with her?

"You have the right to remain silent..." all that stuff are Miranda warnings of your rights.

[Asker]

No I wasn’t read my rights but they head me sign a lot of paperwork and they did drop one of my charges a year ago. My lawyer aware they didn’t read me my rights but had me sign a lot of paperwork

[Avicenna]

That's probably why he said what you told them, i. e., your confession, didn't matter. That makes the unwillingness of the young lady you had sex with to testify particularly crucial.

[Asker]

Thank you for given me input it means a lot

[Avicenna]

No problem. Just remember that none of it is actual legal advice. I think you'll be OK.

[Asker]

I know it’s just notice knowing what real world people think since it’s real world people that will be apart of a jury

[Avicenna]

I would be really surprised if you did not get offered a plea deal should it even come to that

[Asker]

Hoping I get a good one by Aug 8 my next court day if not am moving it forward to a trail

[Anonymous]

Save the screenshot of the apology too. I think if after 5 years you aren't in jail, you're likely not going to.

[Asker]

I can’t since am not even supposed to be talking to her I find out and in ny state it doesn’t matter if she lied about her age. I guest so 5 years a long time

[LiamJHayden]

Her lying is not a specific defense, but her history of doing this trashes her credibility as a witness. With her engaged with children, she might want it to go away. While a DA can press charges without the "victim" being willing to testify, they usually dont't.

[Asker]

@LiamJHayden as far as I know they have zero idea about her history of doing this she give her her Facebook account password. I logged in it was filed with older men she was talking to since she was 15 and a shit ton of child Porn/ sex tape with a few men. She does call me everyday says she sees me as a friend and has zero interest in testify against me

[Anonymous]

Win your case brother then leave the state you living in and move to florida or any other state that respects men stand your man brother

[Asker]

My ex girlfriend wanted me to move to Florida I don't know where I wanna move tbh

[Anonymous]

No fight her and try to punish her legally

[Asker]

I don’t really need to fight her she’s not pressing charges she had zero idea the case was even going out she thought I ghosted her after finding out her age. the prosecutor is who pressing charges. She says she be willing to come to court to defend me that she will say we never had sex and she has no idea I even went to jail.

[Avicenna]

You don't want her to lie for you- your legal problems will grow greatly if that happens

[Opinion Owner]

Don't worry you won't go to jail

[Asker]

@Avicenna she says doesn’t want anything to do with the case and that was the reason she was going to say she never slept with me since they have very little poof she’s the victim In the case.

[Avicenna]

That's understandable, but you don't want her to do that since she talked to you recently. That would prolong the case as that contact with her gets investigated for potential witness tampering and suborning perjury.
The law automatically sees her as a victim in a statutory rape case.
I know it's very difficult to put this out of your mind, but you should. Your public defender will be contacted if they decide to prosecute.

[Anonymous]

Contact a lawyer NOW

[Asker]

He never picks up

[Opinion Owner]

Get a different laywer

[driven159]

you may not go to jail