Legal Question in Criminal Law in California

Re: Question on Sexual Misconduct

Any statement you make in the University "investigation" (although it sounds like a shoddy one at best) could be used against you in a criminal prosecution, so you shouldn't be going this alone.

You have a VERY defensible case from a criminal law standpoint. I was a DA for 12 years - 6 in sexual assault crimes.

If you'd like to discuss this further in confidence, call to schedule an appointment for a no cost, no obligation consultation.

Do NOT discuss this with anyone - your Fifth Amendment protects you--- but only if you use it.

Joe Dane

Re: Question on Sexual Misconduct

Mr. Dane may be right, but you left out two important details -- your age and that of the young woman. If you're an adult and she's a minor, you may be in very serious trouble even if she was a willing participant.

Re: Question on Sexual Misconduct

I would not assume that she has not gone to the police yet. They may be waiting to see if you make the mistake of telling your story in the School's administrative proceedings. As pointed out, that is not wise.

But you should not ignore your rights at the school level either. It sounds like the result there will be the same no matter what you do, but you might do well to plan ahead.

What if the police DO become involved, (as I think they will)? It will be much to your advantage to get her (changing) story on record as many times as possible. Can you demand a full hearing and get her to give them her statement? Are you even entitled under school rules to be present and hear her testify? Will it be recorded?

You can "defend" the expulsion hearing just by making her prove her accusation but not testifying yourself. Then a D.A. can decide whether to prosecute a case where she's given three or more inconsistent stories. Think about it dude. She's accusing you of rape a prison felony and a "Strike". Do you really think her parents are not going to insist on going to the police?

Get a lawyer NOW. Don't waste this opportunity to prove she is lying. But don't go this alone. Take this accusation VERY seriously. It could well ruin your life if you don't. Do NOT assume it will stop with School expulsion. The good news is that at the school expulsion hearing level, your lawyer will hold all the aces. The District Attorney will not be present and your lawyer will be able to show she is lying. If that lying testimony is on record, you will be much safer from being criminally prosecuted.

Good luck.

Re: Question on Sexual Misconduct

I forgot to mention: You can get a good idea of how the system works with sex crimes by reading the second column of this article:

http://dinday.com/info05.htm