Legal Question in Criminal Law in California

Re: i need a legal expert please only

Of course the prosecutors have evidence. They have your sister's original statement. What she has said since then didn't make that statement disappear. Even if this is the only evidence they have, they can argue that her original statement was the truth and that her subsequent statements are lies.

Complaining witnesses often try to recant their accusations. Sometimes they do this because they want to protect the accused. Sometimes they do it because they're frightened of what the accused might do to them if they don't back off. Sometimes they do it for the sake of the third person. And sometimes they do it because the original accusation was false. The law does not presume that this last explanation is the correct one. Most of the time, it isn't.

The prosecutor obviously believes that your husband is guilty as charged. He will try to persuade the jury that your sister is lying now to protect either you or him. There is a good chance the jury will believe this version of events and convict her husband.

Assuming that the case goes to trial, your husband's lawyer will be able to attack your sister's credibility. Ultimately, it will be up to the jury to decide whether her original accusation was the truth.

And no, lie detector tests will not help. They are not admissible in court because they are not reliable.

Re: i need a legal expert please only

You should know all the evidence they have against your husband. Any witnesses against your husband ? Was there a pretext call made by the alleged victim to your husband that was taped ? You should go thru the whole file with your husband's lawyer. Is tha attorney private or a PD ? At what stage is the case ? We have done a lot of these cases and thjey are very serious and very complicated. What court is it in ? What is the bail ? Contact us if you would like. David Wallin at www.wallinlaw.com

Re: i need a legal expert please only

No, you don't need a legal expert. What I think or tell you, without knowing all the facts and evidence against him, is of no value to you or him. What HE needs is a good attorney defending him, listening to his story, and using all available ADMISSIBLE and CREDIBLE evidence and testimony to create 'reasonable doubt' in the minds of the jury. If you're not happy with his current attorney, get a new one. If serious about hiring counsel for him, and if this is in SoCal courts, feel free to contact me.