QUESTION
What should I do if I am being falsely accused by my 12-year old cousin of raping her?
Asked on Oct 28th, 2012 on Criminal Law - New York
More details to this question:
This supposedly happened on October 14 2012, the same day we started texting. She asked about if I had sex and if I could drive her to see her boyfriend. The charges were filed Thursday, October 25 2012. I am being falsely accused. I am awaiting the police arrival, Help.
17 ANSWERS
Leonard A. Kaanta
You need an attorney.
Answered on Jun 18th, 2013 at 10:23 PM
Gary Moore
You need the assistance of an experienced criminal lawyer.
Answered on Jun 13th, 2013 at 2:00 AM
John J. Carney
I do not know if you are guilty or not, but you should retain a good criminal lawyer and tell him the truth. He will investigate the case and see if you have an alibi or find a reason that your cousin would falsely accuse you. If there is DNA evidence you will be convicted, if not you will probably have a good chance of being acquitted if the crime was not reported right away.
Answered on Nov 02nd, 2012 at 12:09 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Under no circumstances should you talk to the police without an attorney present. I strongly suggest that you immediately contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Nov 01st, 2012 at 10:42 PM
Any accusation involving anything sexual with a minor requires the person accused to obtain the service of an attorney as soon as possible. Sex crimes with a minor (expressly one under 14-years old) are very serious and have lifelong repercussions. In your case going over the incident and what you know of the statements given to the police with your attorney should be done before the police contact you. you should write up a timeline for all that you did and where you were during the day that the alleged rape happened. Make a list of all the people that saw you that day and all that you know that were in contact with your 12-year old cousin. Statements about how she appeared that day may help in your defense. Understand that if you drove her to her boyfriend?s house knowing that she was going to have sex with him could get you charged with contributing to the delinquency of a minor.
Answered on Nov 01st, 2012 at 1:25 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Do not talk with the police or give any statement until you have retained the services of an attorney. Do not take this lightly. You need to have an attorney.
Answered on Oct 31st, 2012 at 11:26 PM
You need to immediately retain a law firm that has great experience in sexual abuse cases. You should not talk to the police under any circumstances.
Answered on Oct 31st, 2012 at 5:16 AM
1 Award
Do not talk to the police without a lawyer present. Remember, it's up to the police and the prosecutor to prove you raped her, not for you to prove you did not.
Answered on Oct 31st, 2012 at 5:13 AM
Michael J. Breczinski
Give no statement to the police. Do not talk with her and I hope you did not give her a ride. Get a lawyer before you say anything to any body.
Answered on Oct 31st, 2012 at 4:43 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will need an attorney, and should not discuss the matter with anyone, most importantly the police, until you have retained one. You, if you are an adult, are looking at a sex offense and very lengthy, perhaps life sentence. Whether the accusation is false or true, you must defend yourself.
Answered on Oct 30th, 2012 at 11:25 AM
John D Duncan
Do not say another word online or otherwise. Call a lawyer immediately to help you. Rape is a serious crime, and it is important that you have an advocate that can speak on your behalf as soon as possible.
Answered on Oct 30th, 2012 at 11:25 AM
Criminal Law Attorney serving Novi, MI
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Law Offices of Stephen A. Barker
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Get an attorney with experience in this area immediately. Do NOT give a single word to the police except "I want My Attorney". You have a right to a polygraph to help clear yourself but the police will threaten you with it as though it is THEIR right. You need to have a private one done first to see how you do. Some people, even while telling the truth, do not do well. Your private one is privileged if set up by your attorney, so it will only be reported to the police if you do well. This is one of the most serious and hard to defend charges under the law. If you need further input use follow up contact
Answered on Oct 30th, 2012 at 11:24 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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When you get arrested, don't talk to law enforcement. Assert your right to a lawyer. Even if you didn't do anything wrong, you should NOT talk to the cops. In the meantime, you should meet with a local criminal defense lawyer immediately for consultation. Sex crimes are extremely serious because, if you are convicted, they have devastating lifelong consequences.
Answered on Oct 30th, 2012 at 11:24 AM
You better hire a lawyer fast before you make a wrong move, like waive your right to remain silent and open your mouth to the arrivng cops, thereby incriminating yourself. You must never speak to anyone unless your attorney is present at all times.
Answered on Oct 30th, 2012 at 10:19 AM
Michael Paul Vollandt
Do not speak with the police or any body else. Do not text or email this girl. If the police arrest you so be it. Just do not speak until you have had the opportunity to speak with an attorney. From what you have said about the text or email you received is not criminal in nature. What I do not know is what did you say back?
Answered on Oct 30th, 2012 at 9:48 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Did it occur to you that you might need an attorney? Get an aggressive criminal defense attorney in your area. Find out when and where it allegedly occured, and develop a time line of where you were and who you were with at the time.
Answered on Oct 30th, 2012 at 9:40 AM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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Do NOT speak to the police and demand a lawyer first thing. Better yet, retain a criminal defense lawyer NOW - before the police come. This may speed up the arraignment process too and make sure the police don't try to question you.
Answered on Oct 30th, 2012 at 9:40 AM