Legal Question in Criminal Law in California

Charged with sexual misconduct and sexual assault

My friend was at a bar and two ex girlfriends were there. They were hugging him and hanging out with him all night. One girl said he grabbed the her breast. The police came and he was arrested for sexual misconduct and sexual assault. The girl told her friends that she just wanted to teach him a lesson. He has a record because he stole a car when he was 16. He is now 21. He was off parole, but still on probation. He can't post bail, so he is still in jail awaiting a court date. What can he do?


Asked on 5/06/09, 2:38 am

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Charged with sexual misconduct and sexual assault

He should get a lawyer. Since he can't post bail I presume he can't hire a private attorney; he should rely on the public defender instead. When he first meets with his PD he should tell her what you told us so that she can investigate.

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Answered on 5/06/09, 2:15 pm
Terry A. Nelson Nelson & Lawless

Re: Charged with sexual misconduct and sexual assault

Post bail now, which I never recommend as it reduces what you have available to pay your attorney, or wait for arraignment and ask for bail reduction. If he is serious about hiring counsel, feel free to contact me.

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Answered on 5/06/09, 4:37 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Charged with sexual misconduct and sexual assault

He should do what anyone accused of a crime should do - get a lawyer to fight his case. If he cannot afford private attorney, a public defender will be appointed for him. He can expect to be arraigned in front of a judge within 72 hours of arrest and have a lawyer appointed for him at that time.

If there are witnesses to the fact that the girls were hanging out with him all night and nothing unusual seemed to have happened he should have a pretty good case. Even if there are no witnesses, in a situation where it is his word against the girl's, his chances of prevailing at trial are probably decent. Please do not treat this as a definitive prediction as I do not know all the facts.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com

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Answered on 5/06/09, 5:39 pm


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