Criminal Law Questions? Ask a Criminal Lawyer.
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While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Sometimes I'm unable to read your entire question until AFTER I write back to you.
Although it's usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.
I need the following information before I can answer your question:
Can you please tell me what your legal question is? You forgot to ask one.
Meanwhile, was your brother in custody when he gave his statement? Was he given his Miranda warnings? Who reported your brother to the police?
I'll look forward to hearing from you,
Jane Doe Deer
There is no way to prevent charges from being filed.
However, if your brother cannot afford a criminal defense attorney, the government will provide a free attorney to him.
The local (county) bar association should be able to direct him to where and how to obtain a free attorney.
Sometimes, an attorney is assigned at arraignment. That's when your brother would make his first court appearance and the charges against him are read in court.
It'd be better for him to get hooked into the free public defense system sooner.
Another place to ask is the prosecutor's office. You can call on Monday and just ask for the name and phone number of the agency that provides free legal defense attorneys in your brother's county.
If your brother would be a first time offender, and if the touching was just touching, not rape, it's likely the penalty won't be jail time.
But please assure your brother that every criminal defendant has the right to a free defense attorney.
I'll assume that I have answered your question and will "ACCEPT" my answer unless I hear back from you with follow-up questions.
Bonuses of even a few dollars are much appreciated.
I REALLY appreciate POSITIVE FEEDBACK!
I'm not happy to hear of children lying, but that certainly helps your brother's case!
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