QUESTION
Can I talk to someone who went to jail for sexual assault?
Asked on Aug 14th, 2011 on Criminal Law - California
More details to this question:
I was the "victim" in a sexual assault on a minor case. He went to jail for a little over a year, and is now out. I do not hold a grudge, and am not mad at him, as I consented to our relationship. I would like to contact him, but I do not want to get either of us in more trouble. I have heard that there is a restraining order placed on all cases like this, but I am not 100 percent sure. I would really like to talk to him, and just want to know if I can.
7 ANSWERS
If you are still a minor contact with him would be a violation of his probation or parole. That could send him to state prison. Do not have any contact until you are over 18.
Answered on Aug 19th, 2011 at 9:17 AM
You are correct. In most cases of this nature the defendant is not permitted any contact with the alleged victim. You should not attempt to contact him but you might want to speak to his lawyer to see if such a restriction is placed upon him in this particular case.
Answered on Aug 18th, 2011 at 6:24 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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If you know how to contact him by mail or email, you could do so simply and limited to saying you would like to talk, as long as it doesnt get him in trouble. He should know the terms of his restraining order that protects you, if any. He may have to get his parole/probation officer or the court to approve contact.
Answered on Aug 17th, 2011 at 5:08 PM
Criminal Law Attorney serving Santa Ana, CA
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The Law Offices of Christopher J. McCann
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If there is a restraining order in place, it will likely last until he is off probation. The best thing to do is to find out who his attorney is by looking in the court records online or in the court file which you have the right to look at. Get the attorney's number from the file or on www.calbar.ca.gov, and call the attorney and ask him or her. They'll know. If there is one, that attorney is the only person through whom he can have legal contact with you.
Answered on Aug 17th, 2011 at 4:28 PM
No you can't. In just about every sexual assault felony case there is a PO in place upon release. You already put him in jail once, don't do it again.
Answered on Aug 17th, 2011 at 4:28 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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If he was convicted of a crime against you, the odds are that there is restraining order against him. That order prevents him from having any contact with you directly. If you contact him, you are setting him up to have him be in violation of a court order, violating his probation, and being sent back to jail if not state prison. If you are over 18, you may be able to petition the court to lift the no contact order. I can almost guarantee they won't do that if you were still under 18. You may want to start with contacting his attorney that represented him to find out 1st if there was a restraining order issued and 2nd if they can assist by getting the case on calendar to modify the probation and lift the no contact order.
Answered on Aug 17th, 2011 at 2:26 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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I would have someone else call him for you. They need to ask if there is a restraining order in place or whether the Probation Department has stated that he cannot be in contact with you. If all is cool then I can't see a reason now to have contact with him. The other thing you could do is ask your friend to find out who his attorney was. Even if it was a Public Defender and he doesn't remember his name, get the case number as the Pub Def office can look it up that way. Also you could go to the court where he was convicted and ask the clerk to see the file. Then you will see if there is a restraining order as that has to be put in the file. However, what the Probation folks tell him will NOT be in the file. Good luck. I hope you are 18 now.
Answered on Aug 17th, 2011 at 2:26 PM