Legal Question in Criminal Law in California

in pro per

my husband has been accused of rape by his 23 yr old daughter. She testified in crt to have been unconscious as they left the bar, unaware of getting into the car, the ride home or going to the apt. She says she came to when he was on top of her. my s/o says it was him that was passed out on the couch & she that seduced him after she was in the bathroom smoking meth. She denies it.

He wants to go pro per and fight this case because the accusations are not true. What forms are needed to get a discovery motion.? How much time is he looking at? Are there any lawyers that would take this case for free?


Asked on 8/22/07, 12:38 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: in pro per

Going pro per in a serious case like this would be another really bad decision -- it would be like volunteering for prison.

I don't understand why you think any lawyer would want to take this case for free. If your husband can't afford a lawyer, there is always the public defender to help him enter a guilty plea.

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Answered on 8/22/07, 12:57 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: in pro per

Mr. Stone is right. Your husband should pay for a lawyer if at all possible. If he can't, the court will appoint one for him.

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Answered on 8/22/07, 4:44 pm


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