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

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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: 8 months ago.Category: Criminal Law
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Answered in 5 minutes by:
8/3/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,066
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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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.

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Customer reply replied 8 months ago
Ok. thanks
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 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?

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Customer reply replied 8 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 8 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.

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Customer reply replied 8 months ago
Ok. We will look into seeing about who was assigned to his case
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 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.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 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.

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