What are thee odds of a rape case going to trail, does the state plea bargain and if they can't get a plea bargain will the case be dropped?
by 
Anonymous
ANSWERS: 4
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if they have a suspect it will go to trail, but if there is no evidence its just he said she said and honestly the way its working now adays it could be dropped.... sad isnt it
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Hardcore Conservative How is that sad? The state is the one with the burden of proof.
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I read the odds are about 40%. The prosecution almost always wants to plea bargin because they 1) want a conviction and 2) it's cost effective, over going to trial and 3) no one knows what a jury will do. If the plea is refused, they usually will offer a new plea or go to trial as-is. They will rarely drop the case, since by this time the case has been filed and it wouldn't have been filed by the DA if they thought it wasn't a winner.
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It all depends on the strength of the prosecutor's case. The state does not have to offer a plea bargain nor accept an offer from the accused. It just all depends on the facts.
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It's nothing to do with odds as it's a case by case basis. If there is enough evidence and strong testimony then the case will go ahead. The plea bargain makes little difference to the sentence in rape cases (as opposed to murder and other cases where you'll get less than half the sentence right off the bat). Hence why defence lawyers have a good field day with most of them as it's always an emotive case and conviction possibilities are low.
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