Sex Crimes Legal Questions

I would immediately contact the prosecutor's office and report the crime. They will investigate the charges and determine if they can prove the case. This will demonstrate the strengths and weaknesses of your case. You can then proceed with a civil action. We can help you with both actions. Please call to discuss. Ed Dimon 732-797-1600... Read Answer

We would need to review the facts and the timeline to determine your opportunities. We did have a case where a significant time had passed but we had the evidence of the wrongful behavior. We were able to settle the case and the person received compensation for counseling. Please call. Ed Dimon 732-797-1600... Read Answer

I am assuming that there was no force used in the relationship and this was totally by consent. The offense of statutory rape covered involves an age element of the difference between you and your girlfrient. Because of your close ages it appears that you are not covered by the statutory rape statute. I have also reviewed the child abuse and  sexual battery statutes and they do not seem to apply either. Having said this, this does not mean that the mother might, as you said, try to start some sort of criminal prosecution against you. If she tries to do this, then it would be up to the DA in the county where you live to decide what statute, if any, that it thinks that you violated.... Read Answer

If he doesn't have an attorney, the first thing you should consider doing is helping to hire him a good lawyer. Obviously, a sexual assault is a serious accusation. The range of punishment for sexual assault can be anywhere from 2 years to 20 years in prison. Depending on the age of the alleged victim, the range can go even higher.  If your brother has claimed indigency, the district court may have already appointed him an attorney. That is not something that would make me feel very comfortable. If he has the resources on his own, or help from family, he needs to hire someone good, if he wants a chance to avoid spending years in prison. You can send your brother a letter through "snail mail." Be careful, though. All letters are opened and screened. Same thing with phone calls. So, if you are able to write him or speak to him over the phone, do not discuss the facts of his case (i.e. who, what, where, when, how, with respect to the allegations). To see if the jail has any provision for a non-citizen to contact family outside the states, I would suggest you contact the jail directly. Do a Google search for the jail. For example, my practice is mainly in Harris County, Texas. So, I would do a search for the 'Harris County Sheriffs Department,' as it is the Sheriffs Dept who has authority of the jails in every County in the State of Texas. Once you find the appropriate Sheriffs Dept web page, you should be able to find a link to the "Jail," or, at least, a phone number.  Yes, theoretically, he can be held for 180 days. The critical issue is whether he is indicted within the allotted time. The state has 90 days to seek an indictment. After he is indicted, to be honest, there is every potential it could take much longer than even 180 days for his case to come to trial. It really just depends on which County he is being held in. There are a ton of issues a hired attorney would be investigating at this point. First, your brother's attorney should be trying to get him a bond. He may be held currently without a bond due to his citizenship status. But, there are still things an experienced attorney would explore to see if they can get him out while the case is pending. Also, if this is a case where there really is no evidence, it may be worthwhile to explore something we call a "grand jury packet," to se if the case could be killed before it is even indicted. Usually, these kinds of cases are very complex. So, there would be a lot of evidence to seek and pore over. This is not the kind of thing he should take lightly, even if he believes 100% that there is no evidence against him. ... Read Answer

The key is the totality of the circumstances. what was said on the internet ? what was said in messages ? what is the age difference ? was there an offer to meet ? what happened on the date ? you need to be proactive. you should not be reactive. please call to discuss. ed dimon 732-797-1600... Read Answer

You may have a claim against the daycare for inadequate supervision and possibly against the childrens' parents for damages if they knew or should have known of their child's propensity to assault other children. I would be happy to discuss this case with you at no charge and if we take it, I would not charge any fee unless we win   Steve   cell phone...407-616-6502 office 407-581-2581... Read Answer

You must contact the police and the state where the sexual assault took place. The police in the state where the assault took place would do the investigation. The police in the state where the assault took place would bring the charges. You should do this ASAP so that there is a fresh complaint.... Read Answer

You need to consult with an attorney as soon as possible.  The crime of sexual battery carries horrible consequences if you plead guilty or are found guilty.  In GA, all misdemeanors carry up to 12 months and jail and a $1,000 fine.  Additionally, you could be looking at other consequences as this is a sex crime under GA law.... Read Answer

If the crime occurred in NY, then the NY police have jurisdiction.  Has she made any reports to the police department where the crime occurred?  The local police would take a report, investigate the case and speak with the police where the boy is located, you say Toronto.  Also she might want to talk to NY child protection as this happened in their jurisdiction.  The crime did not happen in Canada and it is logical that they would close their case.... Read Answer

I need more details to answer your question properly. What is your tier for Megan's Law? How long ago were you convicted ? What was the precise nature of your conviction ? We have had good success and lowering to hear from Megan's Law. We have had success in having people removed from Megan's Law. Please call if you would like to discuss. We can help.... Read Answer