Legal Question in Criminal Law in California

Sex offense conviction, but not guilty

I have a friend who was charged with oral copulation of an unconscious person, and the truth is that that never happened. He is seeking a pro-bono lawyer to help him with this case, because his current public defender is trying to convince him that he is guilty because he was intoxicated the night of the false accusation. The person who is accusing him of this crime can't keep their story straight, and has changed her story numerous times. He is on a scram device, and cannot afford it any longer. He spent approximately 2 months in Jail for a crime he never committed. The public defender will not return his calls, or inform him of the information on the case. The DA wants to take this to trial, however for a crime that he did not commit and the so called victim changing their story repeatedly this sounds to me like a bogus case. Is there anything or anyone who can offer advice or legal assitance?


Asked on 9/17/08, 3:04 am

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

Re: Sex offense conviction, but not guilty

No whining. Either find the money for a lawyer, or else have the public defender negotiate the best possible guilty plea.

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Answered on 9/17/08, 3:14 am
Gordon Fauth Fauth Law Offices

Re: Sex offense conviction, but not guilty

Your friend already has "pro bono" representation in the public defender's office. If he is innocent, he should work on convincing the PD, and let the PD take the case to trial. Even though they may be overworked in the day to day stuff, PDs often do a very good job at trial. Of course, your friend should also listen to what the PD says about his chances at trial, and weigh the options.

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Answered on 9/17/08, 3:39 am


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