How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2456
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
characters left:
Criminal Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Rape Questions

Rape is the act of sexually assaulting a person by one or more individuals without that persons consent. Rape is usually preformed by use of violent physical force, threats, coercion, by using authority as leverage or with an individual who is unable to give valid consent to a sexual act. Rape is a crime but one of the crimes that are seldom reported. The reason is usually the victim's fear and shame and uncertainty of the outcome. Below are a few of the more commonly asked questions about rape and rape punishment.

If a defendant pleas out for a lesser charge and the charge was rape Felony 1 victim under age of 10 yrs old, defendant was 17 yrs old. The agreement between the prosecution and defense was to charge with Felony 3. Can the judge come back and say this is not an acceptable charge and the defendant will get no less than a felony 2?

There is a chance that this could happen. Generally, the DA is in control of his/her cases, but the judge has the authority to change them. However, the judge will usually accept a DA's offer. There are cases where a judge may think that a plea bargain is too extreme or not strong enough and will have the authority to refuse the plea. In situations like this, the DA will agree to any decision that the judge makes or modify a plea to suit the judge's wishes.

I am a student from China and was raped by a fellow student who is also from china. He raped me and took nude photos of me. He then threatened me and left. I need to know if he will be punished by American government or be deported? Am I allowed to be compensated for the rape? Do I need an attorney to help sue the student? Should the university be responsible for compensating me for the rape?

The student can be charged and probably convicted of forcible rape as well as any other charges involved. If he is convicted, he will be eligible for deportation when USCIS is notified. If he is convicted, he would have to complete his sentence here in the US before being deported. If the student used a knife during the rape, he would be charged with Sexual Abuse in the second degree. Below is a section of the law relevant to rape:

“709.3 SEXUAL ABUSE IN THE SECOND DEGREE.
A person commits sexual abuse in the second degree when the person commits sexual abuse under any of the following circumstances:
1. During the commission of sexual abuse the person displays in a threatening manner a dangerous weapon, or uses or threatens to use force creating a substantial risk of death or serious injury to any person.”

This is a Class B felony with a potential prison sentence of up to 25 years.

After the student has been arraigned, you need to contact the prosecutor's office and speak with the prosecutor who will be dealing with the case. Explain to the prosecutor what you would like to happen with the case and voice your concerns. Usually, the prosecutor will consider your wishes when building the case against the defendant.

As far as compensation goes, you would have to hire a civil attorney to sue for damages. Criminal cases are designed to punish those who break the law. A civil lawyer will assist you in filing suit against the defendant as well as determining whether the university is liable for compensation. If the university is liable, the lawyer will file suit against them as well and you can sue both the defendant and the university.

My husband was arrested for a rape/sodomy charge from 1991 and they would not name the accuser on the warrant. Is there a way to find out who made these allegations and what can we do to prepare for this court date?

You will need to hire an attorney to represent your husband. Once you have an attorney, he/she can request all of the evidence from the prosecutor. This will include the police reports, reasons for arrest, and who made the claim of rape. There is no definite way to explain how to prepare for a case without knowing all of the facts. Your husband's attorney will be able to explain the plan of action once they have reviewed the discovery package from the prosecutor. It is up to the prosecutor to prove your husband's guilt beyond a reasonable doubt. This is no easy task for the prosecution. It will be in your husband's best interest that he doesn't talk to anyone about the case except the attorney and the employees in the attorney's office.

Rape is a serious crime. If you have questions about rape and rape penalties, you should contact an Expert who is familiar with rape law.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2456
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
characters left:
Criminal Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Criminal Lawyers are online & ready to help you now

Fran L.
JustAnswer Criminal Law Mentor
Satisfied Customers: 8061
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
Ely
Counselor at Law
Satisfied Customers: 2079
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Nate
Lawyer
Satisfied Customers: 1625
Over 10 years of criminal defense practice.

Recent Rape Questions

  • In New York City I was hit by a BB pellet and filed a police

    In New York City I was hit by a BB pellet and filed a police report. Now the court has issued a protection order against the defendant and they have a subpoena for me to testify in front of a grand jury, I'm afraid what can I do.
  • A private school in San Jose, CA, last Thursday disclosed to

    A private school in San Jose, CA, last Thursday disclosed to the 24 families of special needs kids that the school was running out of money due to mis-management. They have told the families if each family does not come up with $5,000 by tomorrow the school will close on 12/29/14. Not all families can afford so other families are going to try and make up the difference. A total of $136,000 has to be raised.
    Is this not extortion or something criminal? To tell people you have to commit X amount of money or we are closing the school immediately when these families have no other place to take their children?
  • Hello, I had a following out with a former employer since

    Hello,
    I had a following out with a former employer since I work for a competing company now. When I worked for the former company we were allowed to buy our items at employee costs. There were no policies in place saying how much we could buy or how little. It was a very "casual" working environment. Now a former coworker told my the former boss is going to try to go after me for embezzlement for reselling what I had purchased. The guy has some major temper issues and he can be pretty scary at times. On top of that, just from how he conducted work when I was there I know he can bend things to get things done the way he wants. From product customs false statements etc.
    Basically now that I work for the competition he is trying to do personal things to stop me. Could the situation above be considered embezzlement? I have credit card receipts showing consistent work purchases twice a month but I don't have the breakdown of the product. What would stop him from just claiming what I was selling was stolen without the breakdown of purchases?
< Last | Next >
View More Criminal Law Questions