Legal Question in Criminal Law in Arizona

My husband was questioned by police and read his Miranda rights in regards to an accusation of rape of a 37yr old woman with whom he had a consensual sex affair for 18 months. My husband was asked to drive himself to the police station for questioning and he was not arrested. His statement was recorded by police and he was told the next step was referral to the DA office. The accuser called the police 24 hrs after the supposed rape and police contacted my husband 2 days after that. This appears to be a case of conflicting stories between this woman and my husband with no evidence or witnesses that the woman was raped. What is the most likely action the DA will follow in this matter?


Asked on 2/16/10, 6:01 am

1 Answer from Attorneys
Jason Lamm Jason D. Lamm Attorney at Law

A lot depends on what statements your husband made as well as those of the accuser. A prosecutor will decide whether there is evidence to charge the case, though they often do in cases of sexual assault. If there is enough evidence, your husband could be arrested and held without bail until trial. I have handled dozens upon dozens of sex crimes over the years. I work closely with a private investigator and have been hired many times before someone is charged and work up the case on the defense end in such a way that the prosecutor's case is destroyed. This can result in no charges being filed. The best defense is a good offense. Get in touch with me if you are looking to hire counsel for this purpose.

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Answered on 2/21/10, 8:58 pm


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