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My son has been falsly accused of rape in Kansas by a racist…

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My son has been...

My son has been falsly accused of rape in Kansas by a racist cop and pressured the girl to say she was raped when the officer had it out for this telling him he would kill him or arrest him one day this is a girl that he dated and he broke things off with her other officers who work with this one officer who put these charges on this student was heard by other officers that he would get this kid the student is in jail in a different county because he worked for the Sherman county sheriff's office we made a post on Instagram and snap chat asking for information if anyone knows of anything and my God several people has emailed us back telling us about the person who said she was raped students on the campus are saying that this girl was pressured by the officer who don't like the student to say she was raped by a student who her parents and the cop didn't approve of now the student sits in a jail cell 1600 miles away from his family whose mom can't afford a lawyer for her son or a 50000 bail he calls me everyday since he has been arrested please help my son he is innocent this is wrong that a cop who does not like my son and a girl he once dated gets to do this to him he just wanted to go to school to run track a lot of the students no of him and say they could witness for him if needed but I don't have a clue how to help him with no money I don't wanna loose my son to the system because I can finacialy pay please help my son

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Goodland ks

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Submitted: 8 months ago.Category: Criminal Law
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Answered in 8 hours by:
12/5/2017
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: 31,843
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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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago

I am very sorry to hear about your son's situation.

Unfortunately, proof beyond a reasonable doubt is the prosecutor's burden at trial. To make an arrest, to file charges and to prosecute someone, the state needs a great deal less evidence. All they need is a reasonable belief that your son may have raped this woman. That's enough to get the ball rolling.

The words of a believable complainant and police officer can give the state what they need to press charges, even if down the road it turns out that one or both of them are lying. Your son has the right to fight these charges, to confront the state's witnesses and the evidenca against him at hearings and trial and to bring in witnesses and evidence of his own at trial as well. If at the end of all of this, he is acquitted of these charges, he can also sue the poice officer and the young woman for the false complaint.

But right now, the state is standing squarely behind the alleged victim and it is their right to do so. If your son cannot afford an attorney, a free lawyer will be appointed for him. All he has to do is to ask the judge to provide him with one. In fact, if he's been incarcerated and come before the judge already, he may have one already. The court clerk should be able to tell you who that lawyer is and give you a phone number for him or her. If you have names of witnesses who can help your son's case, you ought to call that lawyer and present the information. The lawyer can use that to try to get your son released or to get your son's bail lowered to an amount the family may be able to raise.

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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.

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