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Male Charged with Rape (CRIMINAL LAW & PROCEDURE)

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• Thu, 04 Sep 2008 22:50:00 GMT(1)
• Rape is rape regardless of the age difference. And it is always best to contact attorneys for advice.
  
  If it were me, and I wasnt charged I would leave the state too and never go back and hope it died and went away. Heck I might even make sure my passport was valid and then get an overseas job.
  
  It has been my experience that attorneys will tell you anything but even they can be wrong. I would try applying common sense here; first if this was me I would look up to see if there is a statue of limitations on the crime in the state where the crime supposedly occurred, most states have done away with these status of limitations on sex offenses.
  
  Second it is solely up to the district attorney whether they want to proceed with charges, and IME (in my experience) they always do, even if they dont at this time they still have the option to charge an indictment later.
  Also if the sister has made an official police report or is interested in pursuing charges then it will happen, if not the state can decide if they want to pick up the charges, (The DA and they usually do)
  
  As for not entering the state I dont see how this would or wouldnt be relevant as if the authorities decided to charge him even while living out of state he will be found arrested and returned. IMO the reason the attorney suggested he never return to the state is so that it would be more difficult for state investigators to interview or investigate the crime. Either way if the authorities want you, they will get you once charges are filed.
  
  IMO you should try to get the attorneys email address that told you or your son this and send him a friendly and casual email explaining you want to research what he had told you suggesting that your son not return to the state as you were not really clear of why he had suggested this and if there was any law or state code he could provide or reference as you are really interested in researching it.
  
  This will do two things; it will give you hard copy evidence that your attorney suggested your son not return as well as possibly providing you an avenue to proceed if he gives you any legal reference or information. Be forewarned attorneys have been taught not to put anything in writing or to provide clients or the courts anything that can be used against them, even a simple response to a letter or email request by a client falls under this heading so dont be disappointed if the lawyer doesnt respond by email, it will almost assuredly cause him to call you or he might ask that you come in to get the information.
  
  This is why the old joke goes: Why do sharks not eat lawyers, professional courtesy.
  
  IMO one should always be prepared for the day when the charges are filed and come down, if you hire an attorney there is only so much he can realistically do, so dont expect miracles or a get out of jail card. If you are appointed a court appointed attorney get his name and visit his office and be prepared to do a lot of leg work on the case in regards to providing information and witnesses and other such needed stuff as if you dont neither will the court appointed attorney. This might be aggravating to the court appointed attorney but he will get the point the defendant has support and they are only trying to help.
  
  IF this was me these would be the steps I would take, First never talk to investigators or the cops their job is to get information to help their case and to bring charges, they are not there for any other reason but to gather enough evidence to get a conviction, even if they offer me a coke and say they are only trying to put the puzzle together to sort everything out they have a way of twisting things around and using things against a person. I would Invoke my right to remain silent which will always get the police to say You must be hiding something or that You are guilty because you dont want to talk in an attempt to anger or upset people into a verbal conversation. Just watch the any show on A&E like First 48 or those types of shows.
  
  I have learned from the missing girl case in Florida Never talk over visitation phones or in jail about the case before having a day in court.
  
  I would not bond out of jail no matter how difficult jail was because all the time I was serving would be credited to any sentence I received and that means after court I would have less time to serve and being in a county jail is better than a prison many miles from my home and family, not to mention the police dont like people bonding out they always seem to find additional charges to lock them back up out of spite.
  
  If it were I and I lived in Georgia regardless if I knew I was guilty or not I would plead not guilty at first and ask for a jury trial. Then using my not guilty plea I would ask my attorney to work out a plea bargain that guaranteed me first time offenders status in Georgia if I qualified (deferred adjudicated probation) in other states, and set conditions to accepting a plea deal such as not having to register as a sex offender during or after successfully completing such probation, which in Georgia are part of first time offender laws but probably soon to be changed. Also very important is the sexual offenders treatment, in Georgia I am not sure but if I remember the state requires defendants to pay their own sex offender treatment which can cost up to $500.00 a week with all the therapy, medications and other components such as regular drug testing and polygraph testing and probation payments.
  
  I would try to get the plea to include the state paying for any sex offender treatment because if I was stuck having to pay for it and couldnt find a job and didnt make the payments it would a non compliance issue with therapy and the release or probation would be revoked and first time offenders status would be lost.
  
  Several therapy clinics provide modular treatment plans for sex offenders and since this is almost assuredly to be a probation or release requirement I would begin looking into treatment providers and inquiring what their charges are, but I would never give them any information about the case as they work hand in hand with the authorities as this is their business and they make money by treating defendants. Call and find out what providers treat offenders and simply ask if the state ever pays for such treatment. I would always be vague about the case or the defendant and would never trust these treatment providers because again it is a business and they try to exploit people into getting more services and etc. Ask anyone who has ever been in one of these treatment places and they can tell you first hand more than me.
  
  This taken from the web site of one Atlanta sex offender provider:
  8-Week Fast Track: We offer an intensive, 8-week outpatient program for patients who need intensive short-term care. Patients are seen several times per day, five days per week. No lodging is provided. The cost for this 8-week program is approximately $1180 per week, which does not include the initial evaluation, the reassessment at the end of the 8-week program ($200) or the training books. Payment is made weekly on Friday for the week of treatment just complete. NOTE: There will be additional charges for individual sessions. As with our standard track treatment, the individual enters the relapse prevention phase after completing the 8-week intensive phase.
  Notice that the does not include initial or follow up assessments and the note indicating additional charges for individual session, this is up the therapist and if they say you need them at $200.00 per hour and two a week you must comply of face revocation due to no compliance of treatment parameters, a little trick they use to squeeze money for you. What most first time offenders do not realize is the court hearing is the easiest phase of such charges; the long haul is the time of the sentence, the release and the treatment afterwards.
  
  Just remember once you are in the teeth of the criminal justice system it is tough getting out.
  
  Disclaimer:[COLOR="Red"]These are only my opinions and not legal advice or suggestions as I AM NOT an attorney so I recommend always consult attorneys for legal legal advice and only use forums for general questions or advice for research or in preparing questions for an attorney[/COLOR].
• Wed, 10 Sep 2008 05:09:00 GMT(2)

• Quoting Oiram

  ---

  If it were me, and I wasnt charged I would leave the state too and never go back and hope it died and went away. Heck I might even make sure my passport was valid and then get an overseas job.

  Travelling overseas can extend the SOL in some states for the duration that one was overseas. ...and dependent upon the location there are extradition treaties which exist.
  
  Either way, he should listen to the advice of his attorney. His attorney, at a minimum, will contact his client first. The attorney may advise the son to have a 3-way call or a meeting at the attorney's office or a "Thanks for not aborting me but I can't talk" call.
• Thu, 04 Sep 2008 23:45:00 GMT(3)
• Due to confidentiality laws, the attorney cannot answer questions about your son's case unles he were with you and consented to it in writing.
  
  Aside from that, do as Panther says. Both of you go see this attorney together or, if nothing lese a three-way phone call to get answers.
• Fri, 29 Aug 2008 12:55:00 GMT(4)
• Rather than ask some unknown person(s) on an internet message board why not call this Attorney. Then contact another for second opinion
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