Legal Question in Criminal Law in California

Re: Unlawful sex with a minor

These are serious charges and you need to call an attorney right away. The attorney you retain will know how to attempt to get the confession suppressed or otherwise dealt with.

Re: Unlawful sex with a minor

Whether a confession may be used in the absence of Miranda warnings depends upon the circumstances under which it is given. It would only have to be excluded if the defendant was in custody at the time *and* if he confessed in response to police questioning. Confessions which are voluntary and/or which are made while not in custody will usually be admissible.

There is no need for a defendant to be formally arrested before he can be charged with any crime. Defendants charged with particularly serious crimes usually are arrested, but the fact that it usually happens does not mean it is a requirement.

Re: Unlawful sex with a minor

A confession could be used against you. However, if you were being interrogated while in custody and you were not advised of your Miranda rights, the confession should not be admissible as evidence against you. Keep in mind though that it does not mean the case will be dismissed. Evidence other than the confession could still be used against you.

You should have been advised of your court date not long after being arrested and charged. If you were released on bail, your bondsman should have told you the date.

Even if the police tell you that you would be notified of the court date, it is really your responsibility to find out when you need to appear. If you miss your court date, a warrant will be issued which will make your case worse. The police do not really have any responsibility in making sure you know your court date.

You should have a lawyer involved right away, to get on top of the court date issue as well as to be proactive during the ongoing investigation. You are potentially facing very serious charges and this is the time to fight them early and with everything you got.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com