Legal Question in Criminal Law in California

288 pc

When the case involves a severely disciplined step daughter (in her best interest) what are the chances of winning this case. obviously there is only a story and no evidence to support the story. Do people really lose this type of case to an over zealous DA?


Asked on 7/26/08, 2:02 am

5 Answers from Attorneys

Ryan P. McClure The Law Offices of Ryan P. McClure

Re: 288 pc

Yes, many people dont beat these type of charges and sometimes they go to jail. Contact an attorney ASAP.

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Answered on 7/28/08, 2:37 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: 288 pc

Yeah, and people really go to prison. Happens all the time. What kind of legal representation do you have?

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Answered on 7/26/08, 5:00 am
Terry A. Nelson Nelson & Lawless

Re: 288 pc

"severely disciplined"? Yes, of course you can be convicted. You'd better get good criminal defense counsel, right now. You face potential jail/prison time and loss of parental rights over ALL children. Feel free to contact me if serious about doing so.

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Answered on 7/28/08, 1:01 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: 288 pc

Penal Code section 288 makes it a felony to commit lewd or lascivious acts on a minor. In other words, it bans child molestation. What on earth could possibly make you think molesting your stepdaughter was "in her best interest"?

Your claim that there is "no evidence" is wrong because testimony is a form of evidence. Out-of-court statements are often admissible as evidence as well. Crimes like this one often don't leave physical evidence, but defendants are often convicted anyway on the basis of testimony and statements by the victim.

You seem to acknowledge doing what you're accused of, and I have a hard time believing a judge or jury would consider this an acceptable form of discipline regardless of what your stepdaughter did.

Do people "really lose this type of case"? All the time. As far as I can tell, you are likely to lose this one. If that happens, you could be sentenced to as much as eight years in prison for each incident depending upon how you were charged.

I also have a hard time seeing your prosecutor as "overzealous". Going after child molesters is part of what prosecutors are expected to do. That you don't want to be prosecuted doesn't mean the D.A. is acting improperly.

You need a lawyer, and you need one now.

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Answered on 8/05/08, 6:49 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: 288 pc

Yes, this is potentially a serious case. First advice is not to talk to anyone. What you might think as exonerating facts (it was in her best interest!) could potentially be most damaging to your case. Second, get a lawyer asap to investigate this case as soon as possible; a lawyer might be able to affect whether or what kind of charges will be filed, if nothing has been filed yet. If you cannot afford a private lawyer, a public defender will be appointed for you but only on your first day in court.

Call me for a non-binding consultation if you are looking for a lawyer in Southern California.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 7/26/08, 10:27 am


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