Legal Question in Criminal Law in California
please help me.
I am accused of rape, which I never committed. The incident occurred on July 4 2008. Me and the person had sex by consent. I had sex with the person and accidentally the condom fell off in her. I am scared that this can be a evidence and something used against me. Please help me. I am very scared and desperate. I am not under arrest or convicted yet. I am under investigation. What can I do. What can I do? Do I run the risk of going to prison charged for rape?
6 Answers from Attorneys
Re: please help me.
The ONLY advice you should expect to get from here or elsewhere is: exercise your 5th Amendment rights to SHUT UP and hire an attorney to speak for you. You face felony prison time, and most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative'. Unless you know how to effectively represent yourself in criminal cases, hire an attorney who does. If this is in SoCAL, and you get serious about hiring counsel, feel free to contact me.
Re: please help me.
I belong to the school of thought that you need an attorney NOW. I have personally been involved in rape investigations which were nipped in the bud before any charges were filed by intervention of effective and skillful attorneys. It might not be your case, but you never know.
Also, at the very least, an attorney could spare you an embarrassing arrest by negotiating the terms of your surrender and bail up front if the police decide they need to arrest you.
As far as your case goes, the devil is in the details of the ongoing investigation. Hard to advise you without knowing more.
Feel free to contact my office if you want additional non-binding consultation.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
Re: please help me.
These are serious charges. The best thing to do is to hire a criminal defense attorney NOW. Do not wait to be charged and do not give a statement to police unless you have an attorney present.
If you are serious about help, contact our office.
www.NotGuiltyInCA.com
George M.
714.904.1669
Re: please help me.
I respectfully disagree with attorney Moschopoulos that you need to hire an attorney immediately, although you will need to if you are formally charged. What exactly do you mean, you think are under investigation? Do not speak to the police, NOT ONE WORD, except to tell them you want an attorney. Practice in front of a mirror. "I want an attorney." "I have nothing to say to you without an attorney present." Do not consent to any searches. Do not admit the police into your home. Do not go to a police station unless you are under arrest. Have the number of an attorney in your locality, and a bail bondsperson, handy. Although rape charges are serious, they can be successfully defended if you hire a private attorney. If charged, do not use the public defender or other court-appointed lawyers unless you plan on pleading guilty and going to prison. Borrow the money for an attorney (and for a bail bondsperson) if you have to.
Re: please help me.
Also, do not speak to ANYONE about the case except for your own attorney that you hire or consult. Not your family members, your former sex partner, or your cellmates if you are arrested. If you go to prison, most likely it would be because your own words were used as evidence against you.
Re: please help me.
Well, 1 lawyer says get an attorney NOW and the other says he disagrees that you need one now. But he agrees that you should absolutely not talk to a cop or investigator without an attorney. If you are being investigated, as you say you are, then you need a criminal lawyer NOW. I say that an attorney working for you now is the safest thing you can do to prevent greater harm coming to you by letting the investigation go on without your lawyer having some input into what is going on. Often, your lawyer can find out what's going on without giving any of your information to the cop. Once you know what's happening, you can then make some strategic and tactical decisions about how to proceed. This is all very technical and dangerous and requires sophisticated criminal lawyering by experienced lawyers. Date rape is a common form of rape which is sometimes easy and sometimes not easy to defend. It depends on what the girl told the police, which you don't know yet. Since we know you had sex with her, the only question then will be "was it with her consent?" Part of what I do is find out what the actual allegations are and then begin to formulate your defense to the allegations. After I find out what they are saying,then you and I decide whether you have anything to gain by talking to the cops in the
presence of your lawyer or not. It's possible that you won't have anything to say to them. Or you may wish to make a full statement. It's just too soon to tell what is best for you. This requires sophisticated criminal lawyering by experienced criminal lawyers. You need such services specifically because a rape charge is so very serious and carries with it the very real possibility of going to jail or prison. This is not some minor misdemeanor, and it must be treated accordingly. There's much more than meets the eye, so beware. Most criminal lawyers give free consultations. I would take a consultation with one or two lawyers to find one that you like when you talk to them. All lawyers have different styles and approaches to these problem. Some are better than others. You need to find one with whom you will feel confortable. That lawyer is going to be you mouthpiece for you, so trust is very important. Interview 1 or 2 lawyers quickly and bring one aboard. You don't say where you live or are being investigated, but if you are any where near Los Angeles, feel free to contact me for a consultation. And DON'T TALK to any cops or investigators about the case until you've hired a lawyer. That way you'll have an expert working for you against the prosecution's experts, the cops. You can't do it yourself. You're an amateur - this is your first time being in this predicament. You need a criminal lawyer and you need one right away. Feel free to call if you'd like to speak to me. Good luck. Steve Mandell
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