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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33231
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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A person I know was arrested and charged yesterday with

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A person I know was arrested and charged yesterday with indecent liberties with a child in North Carolina. This individual has admitted the accusation is indeed true, however it occurred 25 years ago. Since he has admitted the offense(s) will he automatically receive federal jail time?
JD 1992 :

Was he charged with a federal crime or a state crime?

JACUSTOMER-7e93gcjq- : I'm not sure. He was taken to county jail.
JACUSTOMER-7e93gcjq- : He had a $100,00 secured bond and got out last night.
JD 1992 :

It is probably a state charge.

JD 1992 :

However, it is never "automatic".

JD 1992 :

He can still challenge the confession, challenge the evidence, there may be a problem with the statute of limitations, etc.

JACUSTOMER-7e93gcjq- : I don't know the age of the person at the time the alleged assault occurred. What is the difference in a charge of indecent liberties with a child and indecent liberties with a minor.
JACUSTOMER-7e93gcjq- : Person/victim
JD 1992 :

It's usually the same charge. However, depending on what statute it was charged under they could use a different term for a different age.

JACUSTOMER-7e93gcjq- : So the age range would be 16 and under at the time of the alleged assault?
JD 1992 :

There is a difference between a child under 14 and a minor between 14 and 16.

JD 1992 :

The statute website appears to behaving problems right now but I know there is a difference.

JACUSTOMER-7e93gcjq- : So there is really no way of knowing without seeing the actual transcripts of the proceedings. I read the statutes and without knowing the age or felony/misdemeanor charge it was hard to decipher. So his "confession" could be withdrawn?
JACUSTOMER-7e93gcjq- : And would it change things if we're a family member?
JD 1992 :

It could possibly be suppressed. He can still put up a defense despite having confessed although, of course, it would have been better for him not to have said anything.

JACUSTOMER-7e93gcjq- : *if it were a family member
JACUSTOMER-7e93gcjq- : incest?
JD 1992 :

What do you mean by that last one?

JACUSTOMER-7e93gcjq- : I am not related to him. Sorry for the confusion. Would it be a more serious offense if the victim was a family member of his? Would it carry a more serious penalty?
JD 1992 :

It carries a different penalty. He could be charged with both incest and the other charge but he could only be convicted of one. You can see the information on the incest charge at this link.

JACUSTOMER-7e93gcjq- : Thanks! That was helpful information. If convicted will he be required to register as a sex offender?
JD 1992 :

Yes, it is extremely likely that he would.

JACUSTOMER-7e93gcjq- : Ok, thank you for your time and assistance.
JD 1992 :

Best wishes to you.

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