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JPEsq.
JPEsq., Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 5106
Experience:  Experience as Criminal Defense Attorney and criminal law professor
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Hi, I hope you can help me. My niece lives in South Carolina

Customer Question

Hi,
I hope you can help me. My niece lives in South Carolina has been accused of having relations with a minor boy. To make a long story short she invited a homeless family into her home and when it didnt work out she asked them to leave. They were very angry and broke into her house after the fact. They threatened her and said, not to mess with them that she had stuff on her. Now she finds herself accused of having sex with this boy. We didnt take it too serious at first thought it would be dropped. She found out today it's going to trial looking at 20 to life. She cant afford to get another attorney, her public defender has barely given her the time of day. The most she has spoken to him is in the hall for 10 minutes at a time. What are her rights can she ask for another lawyer? All they have on her is a letter from a former employee and a email the boy wrote to a friend bragging. Is this possible!! She might go to jail for something she did not do. Please help. XXX@XXXXXX.XXX
Submitted: 5 years ago.
Category: Criminal Law
Expert:  JPEsq. replied 5 years ago.

Ok, it is not likely that she will get a different court appointed lawyer. The court generally appoints someone and you are stuck with that unless you hire your own lawyer. She does not have a right to choose whichi lawyer will be appointed to her.

 

As for the evidence... they will need more than that, since it will not be allowed in court, unless the boy testifies. So they also must have taken a statement from the minor saying that this happened.

 

The trial will come down the boy's testimony. If the jury believes it, she will be convicted. But he will actually have to take the stand and describe the acts. He will also be subjected to cross exam by her lawyer.

 

But many cases simply come down to one person's word against another. Specifically with rape cases and child molestation, there is often no physical evidence. So yes, she can be convicted. But they will need the testimony of the victim himself.

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