Legal Question in Criminal Law in California

Re: Date rape

Unfortunately he will have to wait it out. He should be ready with a lawyer and bail bondsman just in case. He should say nothing to anybody about the alleged incident. He should politely decline to say ANYTHING to any law enforcement officer without an attorney present (except "I respectfully decline to speak with you without an attorney present.") He should politely decline any invitations or suggestions that he voluntarily go to a police station or submit to questioning. He should politely decline to consent to any searches, seizures, DNA tests, or the like.

Re: Date rape

He should be hiring an attorney, at the least to investigate whether charges are really being pursued by her. If she does, he will need to choose another career, because law enforcement will probably be closed to him, as will many others if he is convicted. He should take the normal advice of counsel, and say NOTHING to anyone, do not contact her, and refer ANY inquiries to his attorney. If interested, contact me to discuss facts and fees for representation.

Re: Date rape

Your question is a very good one and also one that is difficult to answer. Generally, in these types of cases, I advise clients they have 3 options (only 2 of which are any good):

1. Do Nothing.

2. Hire an attorney to be more proactive

3. Handle it yourself (not a good option)

The third is actually very, very bad. We all want to believe that we can trust the police, tell the truth, and justice will prevail. However, this is simply untrue when you are being investigated for a crime. Your son must not, repeat, must not discuss this matter with anyone (including you - unfortunately) other than an attorney. Only an attorney has an absolute privilege to discuss this matter with your son and not have it come back to bite him.

The first option - do nothing - is probably your second best option. Although definitely not the best. Under this option, the police officer will, most likely, harrass your son to give his version of what occurred. He has no ability to stop the officer from contacting him and harrassing him.

The third option, hire an attorney, is clearly your best but it costs money. An attorney can take your son's version of the events from an attorney and it simply cannot be used against your son.

The officer does not want your son's version through an attorney because he can not use it in court. Plain and simply, the officer wants your son's version because anything your son say's "can and will be used against him" as he has waived his 5th amendment rights.

I would strongly suggest you contact an attorney for a free consultation. A date rape case can lead someone to custody time in State Prison. I don't say that to scare you because I don't know that your son will do any time but it is something that must be taken seriously now.

If you would like to discuss this matter. Please contact myself or my partner, Greg Rizio @ toll free 1-888-292-8888.

Re: Date rape

I agree with what Mr. Stone and the two Mr. Nelsons have said. As to your question of whether there is anything your son can do to retaliate against his accuser (not your words, but your idea), the answer is no -- and he shouldn't even think of doing anything like this. He will have a hard enough time in court as it is, without also having to explain why he is trying to cause trouble for this woman. At worst, such conduct will make him appear guilty, and at best it will make him appear heartless.

Re: Date rape

First, understand that "date rape" is no different from "stranger rape" in the eyes of the law, except, ironically, "date rape" is seen as worse (meaning longer sentences), because the defendant took advantage of a position of trust. It's a legally cognizable "aggravating circumstance." (Remember the Max Factor heir?) Rape can only be "forcible" (PC 261) or "statutory" [(PC 261.5) ie, the sex was "consensual."] Forcible rape is not only a serious/violent felony (a strike), it is NOT something that any person in custody wants any other person in custody to know he is charged with. In other words, it's dangerous.

It is very important that your son act now to make sure he's safe. A lot can be done for him, and the sooner he hires a good attorney, the better his chances are of beating this. Many attorneys charge a modest fee for "pre-accusation" representation, and my fee structure doesn't punish the accused for hiring me "early" if charges are brought. Many cases are never filed after a pre-accusation retainer. Make sure he doesn't talk to anyone about this--not even to deny it. The mere admission to a best friend that he was in her vicinity may be very crucial evidence we don't want to exist. Often in these cases, men admit the sex but deny the force. Not good. Often, there was no evidence of the sex outside of the defendant's own admission. Many appellate cases come to me with the defendant in shock after being convicted "without evidence," meaning that the case consisted of nothing more than an accusation. One witness' statement can be enough to convict.

There is much an attorney can do, but not much you or your son can do right now. In fact, you need to be aware that you cannot contact the accuser to try to dissuade her from bringing charges, even indirectly. That is a felony. I have represented parents for unwittingly doing something the prosecution felt (probably because they were effective) was actionable. So don't try and be the advocate. It's dangerous for anyone but an attorney. Your lawyer should take an active role in ensuring the case either never gets to a prosecutor, or is rejected summarily by the prosecutor. One may opt, for example, for a private polygraph. If the client passes, the detective(s) know it; if not, they never know. Time is of the essence. Indeed, with each passing day, your son's memory is fading, and with it, his defense. Key facts are fresh in his memory now. Alibi evidence may exist now. I know how scary this is; I have teenagers myself. But the time to act is now.

I have much to say and little room. I have offices in Fullerton & Ontario, and I would be happy to meet with you and your son if you desire. Or call or e-mail directly and I'll be happy to answer your questions. Or you can get more information from my website. Good luck.

Kindest regards,

JACQUELINE GOODMAN RUBIO, ESQ.

714-612-7865 (cell)

[email protected]

www.californiadefenselawyer.net

Re: Date rape

Thank you for your email. It is ESSENTIAL that you contact us ASAP. Our managing attorney, Kristine Burk has gotten TWO not guilty verdicts in rape cases in the last 60 days! Please call at (800) 313-9619. Robert Nudelman, Esq.