Legal Question in Criminal Law in North Carolina

False Accusation

My son,21,has been charged wiht 3 first degree rape of a child,4 taking indecent liberties with a child,1 sex offense with a child.A friend,23,charged with 2 first degree kidnapping,2 statutory rape,1 sex offense,3 indecent liberties,4 contributing to the deliquencey of minor.The 23 year old did take the girls out of state and upon returning had to meet with his father(who is running for district judge in our county)Two weeks later he turned himself in with his attorney and suddenly my son is charged.The 23 year old bond was only 25,000.My son's bond was 250,000.We are at a loss as of what to do.The county is wrapped and it is election time.The 23 year old's father has made sure that the cases have been totally separated.We don't know how to fight the system and right now we fully believe our son is being set up to take a big fall.We think the 23 year has done something to get his charges dropped.The girl that my son is accused of raping,13,was present at his bond hearing.We weren't informed of his hearing.She was sitting in the courtroom pointing and laughing at him when they brought him out.Can he be convicted by just the word of these people?


Asked on 8/12/02, 9:46 am

1 Answer from Attorneys
Paul Herzog Paul F. Herzog, Attorney-at-Law, P.A.

Re: False Accusation

Does your son have a lawyer? Has the court appointed him one or have you retained one for him?

If he hasn't got a lawyer he needs to have one IMMEDIATLEY, and my best suggestion to you is that he gets one from the county in which he is charged. An outside lawyer is NOT going to understand the politics of the situation nor is he going to be able to learn who are the important players in your county's legal community on short notice. An outside lawyer will be distrusted and kept in the dark, and will not know where to even begin to look for the answers to your questions.

However, I do not share your distrust of the legal system in this state that the text of your message implies.. I cannot tell you why your son's bond is as high as it is, when compared with his co-defendant's because I what I do know is only a small fraction of the facts in this matter.

As to the fact that you seem to imply that a political candidate somehow controls your son's fate: I also have seen many people run for judge in my county. The fact that one is a candidate for office, does not make him or her either powerful of effective in that county. It is also my experience that judges in this state are NOT corrupt, nor are they willing to put themselves out on a limb to "fix" a case, which is what you seem to be suggesting.

It is my strongest suggestion to you that you make sure your son has competent legal representation from your home county, and not to look for conspiracies against him everywhere. It is my experience after practicing in NC for 23 years that while defendants and their families like to believe they are the victims of huge elaborate "frame-ups" by those inside the system that this is never true. It has been my experience that the members of these "conspiracies" could not organize a picnic if you gave them the sandwiches and soda and put them in the middle of a park - much less get together to do something as complex as "frame" someone and then keep it quiet.

The way you can help your son the most is to make sure he makes no statements to anyone about his case until he sees a lawyer, and then to see that he has the best lawyer you can hire for him. Failing this, you should find out who his court appointed lawyer is, make an appointment to see that lawyer, and explain your concerns about the case to him or her.

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Answered on 8/12/02, 9:25 pm


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