QUESTION
Is there a way to fight a case involving a man who molested two girls?
Asked on Dec 03rd, 2011 on Criminal Law - California
More details to this question:
Well there is evidence that this man is a child molester and he got caught in a sting. Two girls confessed this man sexually molested them. How could he get off when these girls came forward? I was told by the d.a. that everything the girls said was hearsay and that the only thing he is being charged with is a stolen gun charge. Well this doesn't make any sense. I think this man is paying these people off so he will not be charged for sexually molesting two girls. That's all I could think. It's weird because at first and in the middle of when this man was going to court the d.a said he would get a long time. It just doesn't make sense. Now the d.a. is saying everything is hearsay and all the evidence they have is enough to convict him. Do we have a right to ask for all the evidence they have? Because I want to get to the bottom of this. He can't just get away with messing up these kids' minds and now they are having a hard time trying to heal. This man and his sister have a lot of money. That's why I believe money is involved. That's why he is not being charged how he should be.
5 ANSWERS
Criminal Defense Attorney serving Newport Beach, CA
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Law Offices of Anthony Sessa
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File a civil suit. The standard of proof is lower than the standard used in criminal cases. Now the trick becomes finding a lawyer that will take the case on a contingency
Answered on Dec 07th, 2011 at 3:35 PM
If the two girls are the ones that were molested then their testimony at trial about what they experienced is not hearsay and is admissible in court at the trial. This could be non-reliable evidence if not backed up by other facts. (A description of the mans genitals inside the mans house if that is where it happened and other evidence that only a child molested by him would know). The DAs office is the office that decides to charge person with a crime. If they have not charged him yet then they must feel that they could not win at trial. If they go to trial and they lose then they would be bared form trying him on the same charges again. It is possible that the D As office is still gathering evidence and is using the gun charge to keep him off the street as they put the evidence together. The best thing you can do is to let the DA do his job. I doubt that anyone is being paid off.
Answered on Dec 07th, 2011 at 2:56 PM
Drivers License Suspension Attorney serving Redlands, CA
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Law Offices of Matthew Murillo
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There certain evidentiary rules that must be followed. These rules mean that some thing can, and cannot be used in certain situations. Your definition of hearsay may not be the "legal" definition, and unless you are legally trained, you likely do not understand the rules of evidence or criminal procedure. It is the DA's job to attempt to get a conviction for what they think can be proven. If he thinks there is a problem with the evidence, then there probably is.
Answered on Dec 07th, 2011 at 2:07 PM
Daniel Kieth Martin
Anything the girls told police or other people outside of court is hearsay however they can come into court and testify to the same thing and that would not be hearsay. It is possible that the girls do not want to go through the difficult process of testifying before a jury in public. If that is the case then he may get a low offer when you compare what he could be sentenced to if he went to trial. However do you really want those girls to go through a public jury trial where they are embarrassed? It is important that everyone places the well being of those girls above everything else.
Answered on Dec 07th, 2011 at 12:50 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Something very strange is going on here. If the girls testify to what he did, not what he said, there is no hearsay issue. I have been practicing law for 46 years, most of them in CA and I have heard stories of payoffs but as far as I can tell, they are just stories. If you are accurate in what you are saying there is something very rotten here. Are the parents of the girls raising hell. They damn well ought to be. They should also retain a lawyer to sue this creep.
Answered on Dec 07th, 2011 at 10:39 AM