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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110473
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My husband was charged with a alledge assult there is no

Customer Question

My husband was charged with a alledge sexual assult there is no truth to this crime we presented the court with a tape showing my husband on of the day and time in question.My question is my husband filed a writ which they denied because for some reason they saying raped which rape was not in the transcript,how can they add on another charge,isn't this violation against his civil right.
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
It is not a violation of any civil right to call it rape, it would be a mistake if they called it rape when it was only a sexual assault and your husband's attorney should be filing a motion to correct the ruling on the writ to reflect the proper charges.
However, if he has evidence from the date and time in question, this evidence should be sufficient to get the charges dismissed or at least for him to be found not guilty.
Customer: replied 5 months ago.
he has all the evidence and when the pastor brought it to court and they seen him on the tape it didn't mean nothing,and right now he is doing the writ on his on he don't have a lawyer. Plus when the judge ask the prosecutor do she have any evidence she said no.
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
He is entitled to a lawyer and he should not be doing this without one. If he cannot afford an attorney by law the court must appoint him one and quite frankly on a serious charge like this even an attorney would not attempt to represent himself, so your husband doing so is making a huge mistake.
So your husband should be filing a motion to dismiss and motion for preliminary hearing if he has not had his preliminary hearing yet to show the tape and show the prosecutor does not have probable cause to continue with this case.