Legal Question in Criminal Law in California

Mischarged?

My husband over 10 yrs ago made a mistake & slept with a 16 year old.He was 27 when these happen and didn�t know her real age at the time but when he found out he broke things off between them & she went to her father who went to the police.They charge him with sleeping with a child 15 yrs and younger & having forceful sex with a 16 year old.They charged him as a felon.He had to serviced 18 months in jail & 5 years probation.I wanted to know more about his case so I looked into it.It seems that the first charge sleeping with a child 15 yrs & younger was wrong,seeing that the girl was 16/17 when this incident happen.Next charge of having forceful sex with a 16 yr old is also wrong from the police report,the girls statement & statements from her friends show that she wanted to have sex with him & lied about her age & would wait for him nakedin his place,does imply that it willing if not concentual due to her age.What I need to know is what can we do to get the final verdict changed?I would like to see if we could get it reduced to a misdemeanor or removed completely from his record.I need to know if we have a chance and can we do this ourselves seeing that we do not have a lot on money for a lawyer.


Asked on 10/31/02, 9:09 am

2 Answers from Attorneys
David Diamond Diamond & Associates

Re: Mischarged?

What we can do is withdraw the plea and reopen the case. If this is something that you are interested in doing, please contact me at 310/277-1707.

Sincerely,

Lawrence Wolf, Esq.

Read more
Answered on 10/31/02, 6:08 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Mischarged?

A case that is 10 years old will be difficult to get reopened. The courts like to have cases finalized when there is a judgment. You would probably have to file a writ.

Read more
Answered on 10/31/02, 11:36 pm


Related Questions & Answers

More Criminal Law questions and answers in California