Legal Question in Criminal Law in Oregon

Re: Accusation of an 18 yr. old male that he committed child molestation when ho

To concerned Mother

An accusation is investigated by the police. Eventually the results of the investigation 'may' be forwarded to the D. A. to review and possibly file a criminal complaint on. Until then you don't need to give anyone $10,000.00 that you may have a real problem getting back. Depending on how the retainer agreement is written and the law firms economic situation is. The problem you have right now is allowing your son to talk to the police. The police are not your son's friends. A careless statement, in the middle of a long interview with the police, may be all that is in the police report. It's amazing how 45 minutes of questions and answers gets boiled down to three short paragraphs. And the short sentences are all the bad stuff with all the good stuff left out. The quandary here is that very often after talking to the police the problem goes away. However, these one on one crimes when the matter is tried, very often involve credibility. Which is, "Who does the jury like the most?" Remember if the child is now 10 she was 8 at the time of the alleged incident. And there's a difference between a touch and fondling. A child at seven is usually deemed to be marginally qualified to testify. One wonders if an 8 year old knows the difference between touching to check on a wet panty or sleep diaper and fondling. With no alleged repeat incidents the matter will probably not be prosecuted. I'm assuming no repeat incidents alleged. But then I'm also assuming that this child waited two years and never spoke to her parents or anyone else about the matter. Then she remembered it. This scenario to me isn't very likely. I grew up with three younger sisters, raised four daughters, and am now involved with raising three granddaughters. And my experience has been that little girls talk about everything all the time. Some of which actually happened but some didn't. Lots of luck.

Re: Accusation of an 18 yr. old male that he committed child molestation when ho

The fact that your son was 16 at the time of the alleged crime is no guarentee that he will not be tried as an adult for child molestation. One of the factors to be considered by the court to determine whether or not to try an individual as an adult is the seriousness of the crime. An accusation of molestation of a child is very serious. Another factor is the harm to the victim. Was it alleged that it was a repeated occurrance or a one time incident? Obviously an one time incident would do less harm on the psyche of the girl. Please accept my best wishes for a successful defense of this matter. Please call me directly at (619) 222-3504.

Re: Accusation of an 18 yr. old male that he committed child molestation when ho

Thanks for your posting. Unfortunately, the law doesn't make a distinction for statutory rape if the perpetrator is under the age of 18.

That does NOT mean, however, that he will be charged. D.A.'s are skeptical of people that report things two years after the incident. They may try to gather additional information by having her visit him and discuss the sexual relationship while she is wearing a "wire" or tape recorder, to try to get an admission.

The advisement that Mr. Hobbs gave you is good -- it takes many steps before they file charges, and you may not need an attorney yet. Most attorneys in my area charge around $1000 or so for "prefiling" investigation, to deal with the police officers and run interference.

If you have other questions or want more information, please feel free to email or call my office at 1-877-568-2977 (toll free), and I'll help you in any way that I can.

Re: Accusation of an 18 yr. old male that he committed child molestation when ho

I understand you are in a tough spot and most of which is not understanding what to do and feeling comfortable that you did the right thing. Do you act now with a seemingly big attorney or do you sit and waite?

There are arguments that using a big name early in a case before filing can cause the D.A. to think that if they have to go against this attorney they better have a great case otherwise the attorney will humiliate the D.A. and they do not want to lose. As a result, they will not file the case.

Others will tell you that it does not make a difference. Of course, you have to be aware of the great deal of attorney jealousy that permiates this field. Many attorneys are not very professional and have poor win and success records. Yet, they are extremely jealous of the ones who are very good.

If you are considering retaining a good attorney make sure that the retainer reflects an understanding that if the case does not get filed you get a specific amount of money back.

Honestly, I am an expensive attorney. However, when the D.A. elects not to file charges against my client the client gets their money back minus whatever amount of work, time and effort I have spent on the case. This is agreed upon up front. Do not be afraid to negotiate with your attorney.

The representation that you receive should be a personal and tailor made arrangement.

Currently, there are many defenses available to your son. Remember, it is far easier to accuse than it is to prove. I see it all the time. As a former U.S. Marine I am use to dealing with bullies who roar loudly but are not able to back up their rantings when I confront them with their threats.

Defend yourself hard and with great zeal and the outcome will favor you.

Call if you have any questions.

Juvenile sex cases

Be cautious when hiring an attorney, as Juvenile law is not something many firms practice because it is not very lucrative in California. If your son was a minor when the offense occurred, he will be prosecuted in the juvenile courts. The fact that the age difference is substantial will dictate that the DA play hard ball. However, unless your son is actually committed to the California Youth Authority, which depends on the number of counts, types of crimes, etc, he will not be required to register as a sex offender.

Ususally, within the PD there is one attorney who specializes in these sex cases as a matter of interest, or because of court assignments. Find that attorney.