Legal Question in Criminal Law in California

Re: kidnnaping, rape, forceble sex ect

It's difficult to answer either question without knowing more. What charges are they are proceeding on? The assault (i.e., slapping)? What are the charges against the other defendant?

False allegations are all too common and defense attorneys need to be very diligent, thorough and aggressive in their defense. Defendants who believe that they are not being adequately defended, need to discuss all concerns with the attorney and resolve those concerns. If those concerns are not properly addressed, consult with a better attorney without delay.

Separate trials are often best for both defendants and almost always best for at least one. To understand the system better go to your local bookstore and browse through some criminal procedure books (I often recommend "Busted by the Feds," even if it's not a federal criminal case, but some sections in general criminal procedure books may be of interest to you too).

It's never like what they taught us in high school. People caught up in the criminal justice system are going through some of the most trying times imaginable and the odds are against them no matter what the truth may be. That's why a good attorney can make all the difference. Best of luck.

Re: kidnnaping, rape, forceble sex ect

Victims of domestic violence often accuse their partners and then recant. Sometimes they recant because they fear further acts of violence if they don't. Sometimes they recant out of a (usually misplaced) desire to protect the defendant. And sometimes they do it because the original accusation was false.

Your question presumes that the third alternative must be the truth, but it usually isn't. Police, prosecutors and judges all know this. It is very common for such cases to proceed based upon the victim's original statement, and for the prosecutor to argue that the recantation is a lie. It is also very common for jurors to accept this argument and to convict the defendant.