Legal Question in Criminal Law in California

can a person get a life sentence for this crime

my husband is in jail for being accused of raping and molesting 2 young family members.one was his stepdaughter age12 andthe other is his niece age8.the 12 yr old had sex with her 17 yr old brother as my husband and their cousin heard them from the door and stopped them immed.the mother did nothing of this issue.the 8yr claimed her own father raped her last yr and is appealn her case now as child was never penetrated.both mothers are here illegally and heard they could get legal citznshp if a crime such as these were done to them or child.now my husbands ex is charging him and the niece as well. he swears he did not do these crimes and is a very family person and not a big sex person either.i just cant imagine he would do this.the accus state he forced and was very mean.Again not my hus nature at all.We have to use a pub defender as I cant come up with 10 thous asap.Do you feel we would get fair representation from pub defender? I can pay a thous a month but I just cant get 5 to 10 thous asap for priv lawyer.Should he agree to submit his DNA? I as so overwelmed and no pub defender has even taken case yet.we wen to court 2 times now and only assist were there! what should I do? Thank You! Respectivly yours,--name removed--Perez


Asked on 12/06/06, 1:19 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: can a person get a life sentence for this crime

I'm not sure what you mean when you say no public defenders were in court and that only assistants were there instead. Each county has only one individual whose title is public defender. He or she generally supervises a large team of lawyers; in some jurisdictions they are called deputy public defenders and in others they are called assistant public defenders. They are lawyers who represent clients of the public defenders' office. When people talk about being represented by a public defender, these are the folks they're talking about. The actual public defender is not likely to show up in court for your husband or to represent him personally.

Public defenders are dedicated lawyers and are generally as good as prosecutors. The problem with being represented by one is that they are overworked and cannot give each case as much time as the case should get. If you can afford a private attorney you may or may not get one who is more skilled than the average PD, but you almost surely *will* get one with more time to put into the case. This means you will probably also get more thorough representation.

If you can't afford a private attorney, though, you have few options. Representation which is less than thorough by a PD is much better than no representation at all, and it seems that is the way you will have to go.

Should your husband provide DNA? That's for him to discuss with his attorney -- whether privately retained or a PD. He should not make any decisions like this on his own.

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Answered on 12/06/06, 1:48 am


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