Legal Question in Criminal Law in Hawaii

wrongfully charged for sex assault

my 25 yr old son is being wrongfully accused of 6 counts of sex assault in the 1st & 3rd degree.So called incident happened 3 or 4 yrs ago.Says he's being blamed for something he didn't do.He's currently in jail & make the $50,000 bail & has a public defender.I know that he would never force himself on any girl and it was consensual.He just made a bad judgement regarding the fact the girl is underage.I need to help him but I don't know what I can do to help but how do I know he will be defended properly since we're not able to afford proper legal counsel for him.What's the best defense for a young man whose life is about to be ruined if convicted?It's obvious the parents are lax and unable to control their daughter for they don't know she is out having consensual sex with other young men and lying about her age. This is a very close community and everyone grew up together.my son had only just moved there 4 years ago & didn't know anyone, he believed her when she told him she was 18.If convicted his life will be ruined and the girl will go on to other young men.Jury trial is a few weeks from today so time is running out.alcohol and drugs are involved I'm not sure if it is known.He just wants a fair chance & to come home.plz advise


Asked on 3/23/09, 8:50 am

1 Answer from Attorneys
Rustam Barbee Rustam A. Barbee, Attorney at Law

Re: wrongfully charged for sex assault

You need to communicate your concerns with his attorney. If your son is concerned that the public defendaer is unable or unwilling to present a vigorous defense, he should ask the attorney to withdraw and for the court to appoint new counsel.

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Answered on 3/23/09, 3:21 pm


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