QUESTION
What are the chances of getting the case dismissed?
Asked on Oct 28th, 2011 on Criminal Law - California
More details to this question:
My fiance is being charged with aggressive rape of a person more than 3 years younger as well as attempted rape of a minor. This was the same person however all the charges are false. The night in question we were not even anywhere near where the supposed incident happened. We have witnesses and video evidence he was not there. The victim has changed her story so many times and waited a month to file only a restraining order. I'm just worried with his prior charges they won't even give him a chance.
7 ANSWERS
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Obviously, they are not good or it would have already been dismissed. Gathering the evidence is only half the battle. You have to make sure your attorney presents it in the best way possible to the DA to get the case dismissed.
Answered on Nov 01st, 2011 at 3:00 PM
Rape is a very serious crime and on a minor it is even more serious. The case will go to arraignment and then to a preliminary hearing. If the DA does not have the evidence to hold the defendant over for trial or if the defense attorney presents evidence that shows that the defendant could not have commented the violation the case will be dismissed. However, it the case makes it through the preliminary hearing then it will go to trial or be plead out.
Answered on Nov 01st, 2011 at 11:13 AM
They won't give him a chance, you're right, not unless he has a good experienced attorney to represent him in court. Rape is an extremely serious charge, and he should have a lawyer ASAP. He should not speak with anyone (including you) about the case except his lawyer, and all questions/answers should be directed through the attorney so he doesn't risk incriminating himself.
Answered on Nov 01st, 2011 at 9:17 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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My first question is whether this is a California case or not. There is no charge of "aggressive rape" in California unless that's just what you're calling something. Aside from that, if he has an alibi defense, he should be working with his attorney to defend him - along with defense investigation to verify his whereabouts and disprove these allegations. These are serious charges - nothing to take lightly. If this is in California and he is cleared from these charges, he should next discuss with his attorney a petition for factual innocence to completely remove the record of arrest from his record - otherwise this could haunt him for years and years.
Answered on Oct 31st, 2011 at 7:22 PM
Criminal Defense Attorney serving Santa Ana, CA
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Law Offices of Paula Drake
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Sounds like you should get counsel for him early in the proceedings so that the defense can be properly prepared and presented.
Answered on Oct 31st, 2011 at 7:16 PM
Daniel Kieth Martin
You definitely need to speak with a criminal defense lawyer. The video evidence could be the key to beating the case. It is important to understand that most business only keep security video for a short period of time. Sometimes only 24 hours.
Answered on Oct 31st, 2011 at 6:25 PM
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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It's impossible to accurately predict the chances of having a case dismissed without thoroughly reviewing the strength of the evidence against your fiance. Be extremely wary of any attorney who makes predictions or guarantees; they can't possibly know what they're talking about if they haven't received any of the evidence in your case. Contact an experienced criminal defense attorney as soon as possible. Don't discuss the case with anyone except your attorney.
Answered on Oct 31st, 2011 at 6:19 PM