QUESTION
What can be done if my brother was charged with rape but I have proof that he didn’t do it and he is in jail right what can I do against her?
Asked on Oct 09th, 2012 on Criminal Law - Florida
More details to this question:
She claim he raped her but I have proof that she is lying what can I do? Can I take legal action against her? In addition, my brother is not legal he is getting deported because of that what can I do?
11 ANSWERS
John J. Carney
You should retain a good criminal lawyer. He will do a full investigation and take your information into consideration. Rape is easy to accuse and difficult o prove, but the circumstances will make it clear what actually occurred in many instances.
Answered on Oct 15th, 2012 at 2:28 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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What can you do? You get him the best lawyer you can. He needs a criminal defense attorney and an immigration attorney to undo this mess. Don't lose whatever proof you have of her lies.
Answered on Oct 12th, 2012 at 3:45 AM
Michael J. Breczinski
Go to the police with the evidence. This will not keep him from being deported but will help him to avoid prison for something he did not do. Tell his attorney also.
Answered on Oct 11th, 2012 at 11:36 AM
Consult your brother's attorney right away. Do not retaliate against the woman.
Answered on Oct 11th, 2012 at 11:28 AM
Criminal Defense Attorney serving San Antonio, TX
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The Stephenson Law Firm, PC
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Your brother should have an attorney, even if it's a court-appointed. You should take any evidence or information that could help your brother, and share it with his defense attorney. While it may be possible to sue the complainant for slander or try to get her arrested for making a false report or even perjury (if she gave a sworn statement), the primary focus should be getting your brother's case dismissed. Once his name is cleared, you or he will be taken much more seriously should you choose to sue her or pursue charges against her. Whether your brother gets deported depends on his current status, his record, and the outcome of this case. There are too many what-if's to discuss in an e-mail, but he should talk to an immigration attorney as soon as possible if he desires to stay in the United States.
Answered on Oct 11th, 2012 at 11:28 AM
3 Awards
Cooperate with his attorney do not talk with police or DA do not contact victim directly - it will be viewed as tampering with a witness and could result in charges for you.
Answered on Oct 11th, 2012 at 11:27 AM
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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You need to provide the information to your brother's attorney immediately. Do not talk to anyone else about the information that you have until you speak to his attorney. He can use it best to your brother's advantage.
Answered on Oct 11th, 2012 at 11:26 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You can't take legal action against her. My advice, hire an attorney for your brother.
Answered on Oct 11th, 2012 at 11:26 AM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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Give the proof to his criminal defense lawyer ASAP.
Answered on Oct 11th, 2012 at 11:26 AM
The last thing you should worry about is what you can do to her. What you should be concerned with is how to help your brother. Going after her won't do your brother any good. You need to hire a good lawyer for your brother.
Answered on Oct 10th, 2012 at 3:56 PM
Christina Maria Soberon-Llort
You should contact his attorney. If he has not hired a private attorney, it is likely he was appointed a public defender. His attorney will likely want to see what proof you have and get a copy or a statement from you and ask you as a defense witness to the case.
Answered on Oct 10th, 2012 at 3:55 PM