QUESTION

What will happen to someone accused of child molestation who is in jail but has never been sentenced?

Asked on Mar 19th, 2013 on Criminal Law - California
More details to this question:
My kid's dad was accused of child molestation on someone else and he has six charges. He has been in there two years without getting a bond and has never been sentence yet. What do you think is going on? I'm curious. I think he is innocent even though I dislike him.
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7 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. What stage of his criminal proceedings is he in? Has he been tried and convicted? If he has an attorney, you should be discussing this with his attorney. If he does not have an attorney, I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your husband's case. He/she would then be in a better position to analyze his case and advise you of his options.
Answered on Mar 21st, 2013 at 10:50 AM

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Michael J. Breczinski
He is probably waiting for trial and has not plead guilty.
Answered on Mar 21st, 2013 at 10:08 AM

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John J. Carney
You should ask his lawyer as I have no information about the case.
Answered on Mar 21st, 2013 at 8:25 AM

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Criminal Defense Attorney serving Bloomfield Hills, MI
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Find out who his lawyer is and contact him/her. If he doesn't have a lawyer he needs one.? Also, find out if he is being held on some other matter or just this accusation that will help assist a lawyer in determining what is going on.
Answered on Mar 21st, 2013 at 7:05 AM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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Don't have enough facts to answer. It may be that with 6 charges, the case has yet to go to trial and the court has set the bail so high that he can't get out. If he ends up being convicted, the time he spent in jail will be credited to his overall sentence, which with 6 counts of child molestation is going to be quite substantial. The person to ask your question is to the attorney who represents your kid's dad.
Answered on Mar 21st, 2013 at 12:37 AM

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Criminal Sexual Contact 1st Degree can result in a life sentence. CSC 2nd and 3rd Degree carry a maximum of 15 years, and CSC 4th can result in a two year prison term.
Answered on Mar 20th, 2013 at 11:26 PM

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Domestic Violence Attorney serving Orange, CA at Law Office of James Gandy
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This is an impossible question to answer. There is simply not enough information here to answer the question and, if you want to know the exact sentence, there is no ability to fix this question; to answer this question, an attorney would need to know, at a minimum, the following: What are the charges? Where is this - state and county? Was there a plea agreement or trial? [It appears that he has plead guilty to charges or been found guilty because you mention that he has not been sentenced and this could help explain what time he faces]; even with all this information, it is possible that an attorney cannot answer this question to your satisfaction. At best, they could provide a guideline of the minimum and maximum sentence for a particular charge. They would be unable to tell you what your child's father actually faced. If this is California, and if the charges were PC 288 - Lewd Acts with a Child (under 14 years old) he could face any of the following - up to 8 years in prison, if force was used, up to 10 years in prison, or if there was three or more acts that took place over three or more months, up to 16 years in prison. Since I have no idea what the charges actually are, I can offer no better guidance than this.
Answered on Mar 20th, 2013 at 11:00 PM

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