Legal Question in Criminal Law in California

felony charge is removal possible

My brother's wife accused my brother of attempting to have sex with her while they were married---not even legally separated. They had two small children in the house at the time. My brother was arrested when he returned to their house after work. He did not anticipate his wife calling the police. They had been having problems and she wanted revenge for a daliance she thought he had. Anyway, he took a plea due to the attorney known ''hanging judge,'' who presided on his case---and the fact that if they convicted him of rape---he might be put away for years! He served one year in jail for this ridiculousness, and now has to register as a sex offender. The wife had no bruises on her. No dna was done because she said that the penatration was just oral. She wants child support and he can't get a job with a felony conviction. Will you please tell me how we can help my brother. Thank you.

Diane


Asked on 6/27/07, 4:57 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: felony charge is removal possible

Let's see, he already presented to the prosecutor and/or the trial court his version of the 'ridiculous' facts, was convicted or pled guilty, served a year, and is registered as a sex offender in accordance with the sentencing rules. What is it you think can be done now after the fact?, other than his family helping to support him financially and emotionally into a positive attitude about life. The case is over, and the only reason to recite his version of the facts is to seek sympathy and reinforce his 'victim' mentality.

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Answered on 6/27/07, 5:18 pm


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