Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

I have a family member that has been arrested. He was

Customer Question
I have a family...

I have a family member that has been arrested. He was charged with rape. The girl is friends with another female that my cousin has been involved with. My cousin and the girl accusing him of rape had been together on multiple occasions. He picked the girl up and they went to his brothers home. There they proceeded to do drugs together and have intercourse. He took her home. He explained that he wanted to stay with his current girlfriend, so the girl accused him of rape. The detectives on the case did not do an arrest warrant until a few days after she supposedly went to report the incident.This is girl that is known for doing drugs and telling lies. She constantly posts on social media about sex and drugs. The detective even found texts fro the girl after se claimed this happened as if nothing happened. They seized the vehicle and stated that she said the incident happened inside of the vehicle. The female judge set his bond at 100,000 secured. He has no prior record or reason of fleeing. After all of this, they informed the family on a Monday that the vehicle was sent to the pound on friday. It cost 400 dollar to get it out. When we asked them why didn't they contact someone and let us know that we could get the car, they stated that they could not reach anyone. No one had been notified. Fast forward to today, he is still in jail. He as been calling all day crying today, because gangs has made threats to kill him tonight. What can be done about this case?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when was the warrant issued?

AR. When we retrieved the car from the pound, the warrant was in the car. It was for the 24th of july. He was arrested on the 27th. She claimed the incident happened on the 19th of July.

Lawyer's Assistant: Has anything been filed or reported?

Anything like what?

Submitted: 6 months ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 5 minutes by:
8/3/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,090
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Ask Your Own Criminal Law Question
Customer reply replied 6 months ago
Ok. thanks
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

While this may not be the world's strongest rape case for the state, the state is entitled to believe that a rape may have been committed and to try to prove it beyond a reasonable doubt. What you've said goes to the weaknesses of the state's case, but there's nothing in the facts you've said to show that the family member couldn't have possibly committed the crime. Because the crime is a serious violent charge, at least for now, the judge has set bail appropriate for the charge.

A lawyer can seek a bond reduction. He or she can also get the judge to order protective custody for him if he wishes it.

Has he seen a judge yet? Does he have a lawyer?

Ask Your Own Criminal Law Question
Customer reply replied 6 months ago
He saw a judge on last week. They set another court date for August the 31. He currently does not have a lawyer, as the family is getting money together to pay for one.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

Generally, with a jail case, the court would have a public defender handle his arraignment in the absence of private counsel. It would be a good idea to contact the court and see if there was a lawyer assigned to the case. If so, you'd want to call that lawyer and alert him or her to the security issue. If the family member wants protective custody the lawyer could see that he gets it. But he could also put the jail on notice about the problems.

Also, bond is going to remain the same until a lawyer can attempt to get it lowered.

Ask Your Own Criminal Law Question
Customer reply replied 6 months ago
Ok. We will look into seeing about who was assigned to his case
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

THe point is that nothing good can possibly happen for him on charges like this without a lawyer. So the sooner one starts working on his case the better. He's entitled to a free lawyer now, and in California, he typically would have had one provided for him. The family would be able to replace that lawyer with private counsel as soon as they are able to do so. But meanwhile, you don't want him to languish in jail and at risk if there's already someone who can start work on the case.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 3, 4, or (hopefully) 5 stars on the rating scale, as that is the only way that JustAnswer gives us Experts credit for our work. You would still be able to post further follow ups on this question thread about this for no additional cost, even after I've been rated.

Ask Your Own Criminal Law Question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Ask Your Own Criminal Law Question
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,090
29,090 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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.

NormaPensacola, 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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I was arrested for statutory rape 20 years ago and enticing
I was arrested for statutory rape 20 years ago and enticing a child for indecent purposes which was dismissed but the statutory rape was dead docket can I get it expunged… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I live in Florida. I was raped on Sept 10, 2017 in New York
I live in Florida. I was raped on Sept 10, 2017 in New York State. The district attorney declined to file charges. Can I sue the accused for punitore damamges … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,090 satisfied customers
My daughter was raped by a sheriff while locked up in county
my daughter was raped by a sheriff while locked up in county jail … read more
Ray
Ray
Lawyer
Doctoral Degree
31,311 satisfied customers
When someone is accused of rape and arrested then all of the
When someone is accused of rape and arrested then all of the physical evidence says the person is not guilty how long can the accused be held in jail in Texas?… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,119 satisfied customers
Im under open investigation for a possible violent crime
im under open investigation for a possible violent crime what does that mean? am i being charged … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,453 satisfied customers
Can i end up in jail for being falsely accused of rape.
Can i end up in jail for being falsely accused of rape … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,090 satisfied customers
I was convicted of a non- violent theft felony (restitution
Hello. I was convicted of a non- violent theft felony (restitution was $10,000) about 6 years ago in Pennsylvania. I have done everything to distance myself from my past. I'm struggling to find a job … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I was convicted of the rape of a little girl in Oregon in
I was convicted of the rape of a little girl in Oregon in 1995. Physical evidence existed that proves me innocent that was kept out of court by the prosecutor and I kept bugging him and my lawyer to g… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
WHAT ARE CHANCES OFF GETTING PARDON FOR NON VIOLENT DRUG
WHAT ARE CHANCES OFF GETTING PARDON FOR NON VIOLENT DRUG CASE SO I CAN HUNT VOTE I LIVE ON FARM AND NEED TO SHOOT COWS SOMETIMES … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,090 satisfied customers
If a man is on trial for rape (AKA battery in FL), and there
If a man is on trial for rape (AKA sexual battery in FL), and there exists an ex boyfriend of the alleged victim who has in his possession texts in which she accuses him of date rape and then recants.… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,090 satisfied customers
I'm a register sex offender in Idaho and I'm non violent do
I'm a register sex offender in Idaho and I'm non violent do I have to inform people that I'm a sex offender or do I inform my job … read more
Michael Gonzalez
Michael Gonzalez
JD
527 satisfied customers
If a man is on trial for rape, can the defense offer
If a man is on trial for rape, can the defense offer evidence that the complainant (alleged victim) has been diagnosed with bipolar disorder in the past?… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,090 satisfied customers
If a complainant reports battery (specifically rape) in
If a complainant reports sexual battery (specifically rape) in Florida, what level of probable cause would need to exist for the police to be able to seize the suspect's cell phone?… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,811 satisfied customers
My friend is the victim of attempted rape and is trying to
Hi, my friend is the victim of attempted rape and is trying to press charges for sexual battery. Her lawyer just dismissed her saying that she had no case and brought in a male lawyer for a "male pers… read more
Expert James
Expert James
Doctoral Degree
11,736 satisfied customers
My girlfriend was sexually assaulted - gang raped - in
My girlfriend was sexually assaulted - gang raped - in Tulia, Texas back in Feb 2016. We found one of her rapists and confronted him. He claimed that she was conscious, knew what I was doing, and accu… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,090 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,090 satisfied customers
I have been raped, and a rape kit was provided. I have
I have been raped, and a rape kit was provided. I have written letters to have my kit put through ASPHIS, but I get ignored, so my rape & assault was never adjudicated but ignored by a Detective that … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,090 satisfied customers
I was convicted of a non-violent crime, that was unrelated
Hi I was convicted of a non-violent crime, that was unrelated to children. My kids school is now saying that in order to volunteer all parents are required to submit a livescan background check. Will … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,119 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x