Sex Crimes Legal Questions

Anyone that is 17 years old and charged with a crime is charged as an adult.  That is considered the age of maturity in Georgia, no matter what the crime is. In Georgia, people can be charged as a "party to a crime" even if they were not the main perpetrator.  For example:  If a bank is robbed and someone just drives the car, does not enter the bank, does not possess a gun, does not make any threats, the car driver is charged with bank robbery, not just charged with driving the getaway car.   Party to a crime means that they had something to do with a case, not that they were the main person charged or committing the crime.... Read Answer

   If your son was charged with a misdemeanor and he is 16, his case should be in juvenile court. Since you have tagged this as a sex crime, this is very serious. It is also possible that the charge could be upgraded and he could face adult prosecution and penalties. Please contact an experienced defense attorney as soon as possible who can best advise both you and your son.    This posting is for informational purposes only and should not be considered legal advice nor the establishment of an attorney-client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read Answer

your cousin must comply with the sex offender registration requirements for kentucky. i would first give notice in NJ of my intention to leave.  at the same time, i would 'get smart' on the kentucky registration requirements. the consequences of non-compliance are draconian, ed dimon, esq.... Read Answer

this can be a crime. i have done two cases with the same fact pattern. i need more details. who was the 'adult male' ? a police officer ? how explicit were the pictures ? was the person undressed ? what was the conversation ? did he suggest a meeting ? i would hire an attorney immediately. ed dimon, esq. 732-797-1600... Read Answer

The court will not look at any evidence until it is brought before the court in a proper Motion. Or presented at trial. Since your question stays that you are at a continuation, I assume you are represented by counsel. I would suggest that you communicate your concerns to him. He/she is in a far better position to advise you on these matters than anyone else. ... Read Answer

If you are defining Incest as sexual intercourse; unless the parties are legally married to each other, the answer is yes; Incest is illegal. MCL 750.520d provides: Sec. 520d. (1) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exist: (d) That other person is related to the actor by blood or affinity to the third degree and the sexual penetration occurs under circumstances not otherwise prohibited by this chapter. It is an affirmative defense to a prosecution under this subdivision that the other person was in a position of authority over the defendant and used this authority to coerce the defendant to violate this subdivision. The defendant has the burden of proving this defense by a preponderance of the evidence. This subdivision does not apply if both persons are lawfully married to each other at the time of the alleged violation. ... Read Answer

It sounds like you need to contact an attorney who handles appeals work, specifically, you would need a motion for appropriate relief to reopen the case.  North Carolina General Statute 15a-1415(b)(3) deals with convictions that were obtained in violation of your constitutional rights.  If you were coerced into taking a plea, you may have a case for ineffective assistance of counsel.  In order to prove a case for ineffective assistance of counsel you must show (1) the attorney's representation fell below an objective standard of reasonableness; and (2) the deficient performance prejudiced the appellant.  Honestly, this is a very high standard to prove and the North Carolina Court of Appeals denies most of these motions, but it might be worth a shot if you feel like you were wronged. ... Read Answer

  The answer varies on the underlying charge. 720 ILCS 5/3-6 provides for extended statute of limitations. Subsection (d) provides: "When the victim is under 18 years of age, a prosecution for criminal sexual abuse may be commenced within one year of the victim attaining the age of 18 years. However, in no such case shall the time period for prosecution expire sooner than 3 years after the commission of the offense."   Under section (j), the extended statute is: "When the victim is under 18 years of age at the time of the offense, a prosecution for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse...may be commenced within 20 years after the child victim attains 18 years of age. When the victim is under 18 years of age at the time of the offense, a prosecution for misdemeanor criminal sexual abuse may be commenced within 10 years after the child victim attains 18 years of age."   This posting is not legal advice nor does it commence the inception of an attorney-client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read Answer

   It is very difficult to determine the likelihood of success on an appeal without reviewing the transcript of the proceedings. There are also time factors involved. Presumably, a motion for a new trial was filed as well as a timely notice of appeal.   The convicted person should confer with his defense attorney as soon as possible. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read Answer

Yes, it is legal. In addition, MCL 767.5a provides; "Any communications between attorneys and their clients, between members of the clergy and the members of their respective churches, and between physicians and their patients are hereby declared to be privileged and confidential when those communications were necessary to enable the attorneys, members of the clergy, or physicians to serve as such attorney, member of the clergy or physician. However, if the church member is speaking to you as a friend or in any capacity that falls outside your duties as pastor your conversation is not privileged and you may be compelled to testify about it. ... Read Answer

  The statute of limitations for various sex offenses varies under Illinois law. Some factors may include whether the complainant was under 18 at the time, whether or not the complainant at any age reported the offense to law enforcement and whether or not and when the profile of the offender was entered into the DNA database.   If you are the complainant in such a case, please contact law enforcement. You may also wish to contact the Illinois Coalition Against Sexual Assault as well as an experienced attorney.  This posting is for informational purposes only and does not constitute legal advice nor the commencement of an attorney-client relationship.   Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read Answer

If you told the police that you were raped when you weren't you could be charged with False Reports.  However, in Montgomery County, where I practice, that really never happens because the District Attorney does not want to discourage legitimate victims from coming forward with truthful complaints.  If anyone claiming to be a victim is charged with False Reports then legitimate victims might be dissuaded from coming forward for fear that if they are not believed they might be charged with False Reports.  More importantly, think of the innocent person that you filed the report on.  A rape accusation turns a person's life upside down, can destroy families in addition to the accused, and can even result in suicide.  I have one client who was accused of rape this past weekend who is clearly suicidal as a result.  If you were mistaken you should do the right thing and notify the police.  People make mistakes and the police will generally understand that.  The alternative is to be responsible for putting an innocent man behind bars for 5-10 years and then on Megan's law for the rest of his life.  Finally, if you were truly mistaken about something and not lying then it would not constitute false reports at all.  Learn more about Pennsylvania Sex Crimes here: http://fairlielaw.net/practice-areas/sex-crimes/ Steven Fairlie 215 997 1000  ... Read Answer

    I am so sorry that you and your son are dealing with this sensitive issue. It is not, however, a subject for a criminal lawyer. You should contact an attorney who specializes in school law to bring it to the district's attention or a personal injury attorney regarding the possible lack of a safe learning environment.     I wish you and your family well as you deal with this situation. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read Answer