my son has been accused of aggravated kidnapping 15 months ago, he was dating this young lady they spent the day together and ended the night in an disagreement, my son called her on the cell to talk with her and she agreed, he picked her up in front of her home, they drove about 1.5 miles from her home and .5 miles from ours, they further disagreed and he broke it off with her and asked her to get out of his truck (they were parked near a residential area but closer to an undeveloped housing area). My son went back to her house with the keys she threw at him and opened the vehicle to get his belongings out of her car and was confronted by her father who beat the living daylights out of my son. He was also charged with theft of a vehicle. She further claimed my son sexually assaulted her, no evidence to support any physical violence or abuse. My question is the DA now wants to reindict my son for sexual assault afte 15 months, why is he doing this?
I'm not exactly sure what needs to be tried.
Thanks for the chance to assist
Can you tell me which state this is in please?
There can be many reasons to re-open a grand jury. It is possible that there is new evidence that has been submitted or that the alleged victim has put pressure on the DA.
At this point, if you son has yet to be indicted, that is a good thing. the best you can do for him is to make sure he has a good attorney that can help through the process.
Unless there is an indictment, the case can not proceed. Most prosecutors will not want to take a weak case to trial...your description makes this case sound weak...if that is in fact the case, your son stands a much better chance
Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the green accept button, its the only way I get credit for my work.
da wants to reindict as of 11/21/08 and we are waiting for the papers for arraignment.
Well, that is when you son can start his defense. If he does not have an attorney, the court will appoint one. But if you can afford, get him a good one. This is the type of case that is winnable. But you need a good attorney to fight it
Criminal Law Expert
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).