Can my brother fight a rape case?

He needs an attorney immediately.

He needs to get an attorney to help him. Either ask the Court in which the case is pending to appoint him an attorney or retain Counsel.

Yes.

Yes, your brother can fight this. Your brother has his constitutional rights, including the right to a trial, and is presumed innocent until proven guilty. If your brother cannot afford to retain a lawyer, he has a right to request court-appointed council. As for whether a lawyer will accept payment plans for a retained criminal case, that's an issue that depends on the particular lawyer and their business policies.

Your brother can ask for a Court Appointed attorney. These difficulties in the prosecutor's case should be discussed with the attorney and investigated so that decisions in the case can be analyzed and acted upon. When it comes to fees, you do not present a situation which an attorney will willingly agree with. If the case is won, then the attorney hopes to get paid. If the case is lost, then who would pay? In such situations, a co-signer is appropriate. I hope that this was helpful.

He should ask for a public defender. He's entitled a lawyer if he can't afford one.

I don't believe your brother can afford not to fight a rape case. AFSA charges are about the most serious charges brought by the state and if convicted result in long term incarceration and life time registration as a sex offender. It sounds like he has some facts which should enable a good defense lawyer with the material to present a good case. I can't stress strongly enough how important it is to have your brother get the best lawyer he can afford ASAP. In terms of payments and a promise to pay in the future, it is unlikely that the best lawyers would be willing to take a case based on a promise to pay in the future. If he is unable to afford an attorney he should get a court appointed lawyer. Good luck.

If he is indigent the court must appoint him counsel. If he is not indigent he then must retain the best counsel he can afford.

You need a lawyer. If you can't afford one you might be able to get a court appointed attorney.

Based on the information provided, it appears that there is a defense to the charges. Your brother has the right to an attorney and if he cannot afford an attorney the court would appoint one for him. There may be attorneys who would accept payments but most would ask for a retainer up front. Can the family assist your brother with raising money for a retainer?

First of all he NEEDS an attorney period! If he can't aford one then they will appoint one for him. If the child was under 13 then we are talking about 25 years in prison AT A MINIMUM!!! He does not want to screw this up get a good attorney.

Yes, he certainly can and should fight this rape case. In any case where the physical description of the assailant and his actual private parts don't match should be vigorously defended in a Court of Law. Further, he has alibi testimony available from all the wedding participants who saw him in the wedding during the time he was supposedly molesting the child. See an experienced, criminal defense Attorney right away, and many times the payment plans can be worked out. Fight this case

I seriously doubt that any competent lawyer would take on the defense of such a case upon a promise to get paid in installments at some time in the future. If your brother can not afford a private attorney then he should have the public defender appointed.

If he is unable to afford an attorney, one will be appointed for him and he can certainly fight the charges.

What you described sounds like reasonable doubt and grounds to attack the case against your brother and are points to be brought out on cross examination infront of a jury if it goes that far. These cases are very complex and requires an experienced criminal defense attorney to handle it. If you cannot afford an attorney the court will appoint you one. If you hire an attorney, be prepared for a hefty price because of the length and complexity and seriousness of the case. Expect upwards of at least $10,000. Yes, many attorneys will accept reasonable payment plans but all of them will require at least some money down as a retainer in order to secure the initial time and expense of working on your case. Just call around and ask a bunch of attorneys how much they charge, if they accept payment plans, and what they are and how long have they been handling these types of cases.

Yes. You brother should definitely fight charges of aggravated rape. His family will have to come up with the money to hire an attorney, then he can pay them back when he is released. Call me, I can help with this.

If he cannot afford an attorney he should request the services of the public defender. This is a case where you will need an attorney.

Any defendant can fight a case, meaning make the prosecutor prove their case over all the defense evidence and witness testimony. Unfortunately, no private criminal defense attorney takes payments after the fact. It is a money up front business. He could try to raise money from family and friends. Or, if he has any real estate, he could give a security interest in the form of a trust deed. If he has a car, he could sign over title as security. Be creative. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. If he cant afford private counsel, he needs to apply for the Public Defender.

Based upon the facts that you gave your brother has a tribally case. He can use the public defender if he cannot afford an attorney. If he wants to try payments that depends on the law office and he need to contact each one by phone.

Yes, it is possible to win the case. These are very difficult cases to try, and they are very draining emotionally. They take a lot of work and concentration. But, there are manynot guilty verdicts (and hung juries) on these types of cases. Contact 3 to 5 lawyers in the area where the case is filed and talk over the phone. Get a general idea what they charge for these types of cases and how much the retainer is. The price could vary greatly but a good lawyer on one of these will not cost less than at least $20,000 plus expenses. Most lawyer will take a retainer (about 1/2) and payments (especially if they have a guarantor sign a contract.) Narrow down to 2 to 3 lawyers to interview in person. If your brother is in custody, then you should narrow to at least 2 to go visit with him. Expect to pay the lawyer to go visit him and to apply the fee charged to the fee on the case. (If a lawyer does it for free, then they are really needing cases to give away that much time & go through that mess.) Your brother should make the final decision. Things to consider - how many sexual assault / indecency cases have they tried to a jury. It does not take a lot of trials but the lawyer absolutely should have some experience in these particular type of cases because they are different than other offenses. Is the lawyer personable? Can s/he communicate well? What would a jury think of the lawyer? (It really does matter because the lawyer will make a great impression or a bad impression on a jury.) Can your brother communicate easily with the lawyer? Is the lawyer abrupt, rushed, nonconcerned, over boasting, etc.? Does the lawyer claim to "know the judge" or "know the prosecutor" in a way that they can sway them? If so, do not go with this person because they are full if it. (It is okay to know how the judge behaves and how the prosecutor thinks - these are good things.) Consider hiring a woman. The complainant is a girl. Many times it is just better all the way around to have a competent female lawyer cross examine children, and especially a female. It is not absolutely necessary and I have seen male lawyers do wonderful jobs on crossing female complainants. Most of the time these type of cases MUST be tried to a jury. The State has a complainant that they must assume is telling the truth & it is up to a jury to decide. If your brother pleads guilty, then he must register as a sex offender for the rest of his life. Your brother does NOT want a cheap lawyer. Good lawyers, especially on these types of cases, are NOT cheap. You would rather have an appointed lawyer than a cheap hired lawyer who is pissed at him or herself for taking on such a difficult case for so little money. (The appointed lawyer gets paid by the time worked on the case.)

Everyone accused of a crime has the right to a defense. If your brother qualifies for the office of the Public Defender, then one of their attorneys will handle his case. However, if he has a job he may not qualify. Rape cases are difficult for a multitude of different reasons but child rape cases are particularly complicated from a legal standpoint (because of the number of motions that sometimes require filing). A conviction and potential status as a sex offender can have lifelong implications and stigmas. Contact an experienced criminal defense attorney who has done child rape cases. Most attorneys will work on payment plans. Ask if they accept credit card payments. Good luck

Be prepared to spend very large dollars to defend a case like this. Very difficult facts.