Legal Question in Criminal Law in California
In california my juvenile son has been in custody for the last two months under suspision of rape of his long time girlfriend. The rape kit was negative DNA evidence came back negative. His DNA was not found, yet he was not released. Now I was informed by probation dept that the DA is now trying to get him for simple abuse when theres no evidence of abuse. Is it legal for that county to keep him in custody? Any info will help. Thank you for your time.
2 Answers from Attorneys
It sounds like you need an attorney in the County where your son is being held.
BARRY BESSER
www.besserlaw.com
The girlfriend's testimony is evidence. The lack of *physical* evidence weakens the prosecution's case but does not prevent them from proceeding. And there may be additional evidence you're not aware of.
By now your son should have a lawyer. If he doesn't, get him one right away. And if he does, you should direct your questions to her.
Good luck.
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