Legal Question in Criminal Law in California

Re: General legal procedures

Not enough information is provided here, to safely provide meaningful feedback. Generally though, the victim's wishes no longer mean much to prosecutors and police, compared to many years ago. Generally, if this man has confessed to police, and the police are able to use the confession (legally obtained by police), he will be charged with a crime, and jailed immediately (though there is the right to pre-trial release on bail or conditions).

The most important thing to do is to meet with a criminal defense lawyer in the lawyer's office. Then, information can be shared on a confidential basis with the lawyer and the lawyer can provide good advice based upon that good information.

Re: General legal procedures

Jacqueline Rubio's answer was excellent. The victim normally doesn't prosecute in most cases. The District Attorney, who represents all the people of California, prosecutes. So before anyone surrenders to the authories, reread Jacqueline's answer, and think about giving her a call. In some of these cases the statute of limitations has run. So all that will happen is a lot of unwelcome publicity.

Re: General legal procedures

WHATEVER. your modivation , don't do it without first talking to a criminal attorney. PLEASE FEEL FREE TO GIVE US A CALL IF WE CAN ASSIST LARRY WOLF 310 277 1707 OR 866 YOUAREINNOCENT

Re: General legal procedures

Do you mean to imply that no victim has ever REPORTED the crime? If not, don't "turn yourself in." If one is ridden with guilt and appears at the police department in the jurisdiction where the crime occurred, the police would probably arrest and the DA would probably file charges. The conviction would result in a lifetime requirement that the offender register as a sex offender for the rest of his life, every year, taking mug photos at the police department where he lives and notifying the authorities if he ever moves. These registries are public domain and this is how we see neighborhoods of parents picketing outside the homes of convicted sex offenders, forcing them to move anywhere so long as it is away.

The strong liklihood is that significant jail time will accompany the conviction. Believe me, you don't want that "jacket." If this is a bout with conscience, there are more effective, helpful ways to deal with that. The criminal justice system of this state especially is in no way geared to help you in that regard.

If, on the other hand, we're talking about the best way to deal with a case that could potentially be brought anyway, being pro-active could indeed significantly help you in the long run. If that is the case, forget the earlier advice. Face it early and be pro-active. It can save years of your life.

Finally, and perhaps most significantly, if you fear that you will re-offend, then you MUST seek the advise of a trained professional. Understand, however (as Ann Landers recently made clear), that the professional psychotherapist may report you to the authorities. (I would recommend that you seek help from a psychotherapist outside of California.) If that is the case, be ready. And know that this may be a good way for your case to begin. This may be a SIGNIFICANT factor in mitigation-- that you are actively seeking help to ensure the safety of others.

As with any case, if you are arrested (and you could well be upon giving your confession to police), bail will be set. You can pre-arrange that a bail bondsman will get you out immediately. If one cannot make bail (you can expect at least $50,000 bail set-- the premium is usually 10% of that), then one must remain in jail until the case is completed. Again, however, this wouldn't make sense if one were confessing to a crime such as this, where custody time will, in all likelihood be imposed anyway. In that case, bailing out would be an unreasonably expensive way to postpone the inevitable.

It's a complex and varied subject. As you can see by my answer, I'm all over the place, wasting a little of our time on non-issues, I imagine. More details to me will yeild the more specific answers that you seek, I believe. Feel free to call me directly at (714)879-5770 or e-mail me at [email protected]. Good luck.

Kindest regards,

JACQUELINE GOODMAN RUBIO

Attorney at Law