Legal Question in Criminal Law in California

There is no simple answer. It depends on the exact charges, the facts, their prior record, what can actually be proven and what their attorney can work out for them.

An unanswerable question, other than to say.....its always serious. Anywhere from no time to life and the additional consequence of being a registered sex offender for LIFE. If anyone is charged with or even accused of such an allegation, they should immediately seek the advise of an expert attorney and not say ANYTHING to ANYONE ....by phone(possibly tape recorded) , on facebook, in person, to LAW ENFORCEMENT,.....nothing to anyone in any form. It doesn't get more serious than this type of allegation.....Call, if you have any further questions.....David Wallin

You�ll learn the actual charge[s] and enhancements filed and get copies of all the police reports when appearing for arraignment at the first court hearing. The prosecutors can amend at any time they believe they can prove additional or different charges. The charges determine how much �time� and fines could potentially be imposed if convicted.

In California, if convicted of any felony, you potentially face one or more years in prison, plus fines; on any misdemeanor, you potentially face up to 6-12 months in jail, plus fines. Multiple counts and charges will multiply your problems. If you have priors and strikes, those will add �penalty �enhancements� under the 3-Strikes rules. If this constitutes a probation or parole violation, factor those new violation charge[s] and old deferred sentence[s] in as well.

Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any testimony or evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. You face substantial prison/jail, fines and registration as a sex offender if convicted, so handle it right. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice [if not already too late] to exercise the 5th Amendment RIGHT to SHUT UP and do NOT talk to police or ANYONE about the details of the case except an attorney. That includes on this or any other web site or public forum. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation.

If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.