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Can i end up in jail for being falsely accused of rape.

Customer Question
Can i end up...

Can i end up in jail for being falsely accused of rape

Lawyer's Assistant: In what state did this occur?

Ohio

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

No they are supposed to be giving me a lawyer but haven't gotten any papers to sign yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No i just want to know how to prove im innocent and if i can end up in jail over it.

Submitted: 7 months ago.Category: Criminal Law
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Answered in 38 minutes by:
1/7/2018
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,869
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 and am working on your reply.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

Yes, unfortunately. You can possibly end up charged and even convicted of a crime you did not do and end up in prison for it. In a perfect world, that shouldn't happen, but it can. So even though you know you are innocent of this charge, you should make sure that you have got yourself a lawyer.

You don't have to prove yourself innocent. That is not the way our system works. Every criminal defendant in the US is innocent until proved guilty beyond a reasonable doubt. It is the prosecutor's job to prove you guilty and not your job to prove anythiing. Your lawyer will, of course, be able to challenge the state's evidence at hearings and trial. And he can also put evidence out there that is favorable to your case.

Once you get your lawyer, he will confer with you and share with you the information he learns from the police reports, any investigation he makes, and his discussions with the prosecutor. Then you'll have a much better idea of the particular allegations against you and the facts that the state intends to use to try to prove your guilt beyond a reasonable doubt. At that point the two of you can discuss possible defense strategies and how to best go forward with your case.

But is incarceration a possibility? Yes, because the rape statute allows for it and the charge is very serious. Rape is a considered a violent felony unless it's just statutory, and the amount of time possible upon conviction would vary with the degree of the rape charged and the age of the victim. For instance, in Ohio, a forcible rape of someone younger than 13 could give you a life sentence upon conviction. A rape in the first degree has a maximum possible penalty of 10 years of prison.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 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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