Legal Question in Criminal Law in California

Individuals cannot "press charges." When the police take a report, it is forwarded to the District Attorney, who decides whether to file criminal charges.

In most cases involving sexual assaults against minors, charges must be filed by the minor's 28th birthday. (There are some exceptions when the allegation isn't reported until after the 28th birthday, but they wouldn't apply here because she reported the allegations to the police.)

Bottom line: you need to let this go. He could still be prosecuted and making noise about her "getting away with blackmail" might get the DA to reexamine the reports� and they might conclude she was telling the truth and decide to charge HIM.

I'm sorry to hear of this incident. Your son will be under tremendous pressure to plead guilty to something as a plea bargain. The deal might even be for straight probation with no jail time. If he truly never had sex with this girl, I would suggest that he fight the case right through the trial. Before that however, I hope you will help him if you are financially able. You need to do a thorough investigation of this girl; find out virtually everything possible about her.

Your son has a few things going for him. Remember, he only needs ONE juror to refuse to vote "guilty" and he cannot be convicted. HE was the one who called the police. The girl obviously made the accusation out of spite. And third, she waited five years to make the complaint. All of these support the existence of reasonable doubt. I just can't see someone who DID rape a 15 year old calling the police, and I don't think most jurors would either.

Why should he gamble on a trial if they offer a "no jail" plea? Because his future will be very different if he is convicted. Good jobs will forever elude him. He will have trouble with any professional licensing. Community reputation will always suffer. He will never be allowed to coach Little League with his kids, etc. I think he stands a good chance of beating the charge. If he gets a dismissal or an acquittal, he can then petition for factual innocence and obliterate even the arrest record, which is my specialty area..

Besides the probability of an investigator being able to turn up evidence that will sink her malicious ship, there is also the possibility that she will refuse to cooperate when the truly evil nature of what she has done hits her. She probably only did it to protect herself on the illegal alcohol issue. When she sees what is really at stake, she might recant.

I wish you all luck. If this were my son, I'd second mortgage my home to fight this.

The first thing you must understand is that no-one other than the district attorney's office can file criminal charges against any suspect. Someone can make a criminal complaint and the Police will investigate. If as a result of their investigation they find "probably cause" to arrest they will arrest the suspect. The paper work is then turned over to the district attorney's office and they decide what charges, if any to file against someone and how to charge any suspected crimes.

Since for some reason the Police arrested your son this is an extremely serious situation. It does not get more serious than this. It is time to protect your son. First your son must not talk to the Police without an attorney present. I know you stated he admitted no guilt, and that is good. However, he must not talk to them under any circumstances without an attorney present. They will use anything he says against him, if it is possible. Second your son needs an attorney. If you can not afford an attorney the court will appoint a Public Defender. However, if you can afford an attorney, do not waste any time. Hire a criminal defense attorney who is experienced with Rape cases. This is someone's worst nightmare and your son needs someone who knows what they are doing. The DA may offer your son a plea bargain that avoids any jail or prison time. The offer on the surface may sound like an option to consider, especially since it avoids going to trial and avoids no incarceration time. However, you will not be able to properly evaluate it without the assistance of an attorney. Some of the Public Defenders are very good but they are generally overworked and do not have the time to give each case like a private attorney. There are so many different variables to consider that no attorney could possibly give you any type of legal advice in this type of forum. I urge you to immediately seek out legal advice of an experienced criminal defense attorney in your area. If you can not find an attorney call your local county bar association and ask for some referrals from their referral list. Talk with at least three of them and get a professional's opinion. If you are shopping for an attorney, most will consult with you for no-charge or for a relatively inexpensive charge. The initial expense will be far less expensive than proceeding without proper advice.

Depending on the final results of the situation you may have some civil remedies available to help reimburse you for the expenses but that is way down the road and not something to think about or count on at this time.

I strongly urge you to act immediately and I wish you Good luck.

The opinion offered here does not create an attorney-client relationship and as such is not considered to be confidential under the attorney-client privilege. The opinion expressed is based upon general principals of law and not based on any specific facts and therefore is not considered legal advice. This forum does not create an attorney-client relationship.

Brian McGinity

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